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CITY  OF  NORTH  ADAMS 


W/.l'l,, 


\ 


ACTS  OF  1895. 


CHAP.  148 


CHARTER 


(See  Amendments  following-  this  Act.  viz:  1897,  Chapter  76; 
1904,  Chapter  254;  1909,  Chapter  241. 


AN  ACT 

TO  INCORPORATE  THE  CITY  OF  NORTH  ADAMS 

Be  it  enacted,  etc.,  as  follows: 

TITLE  1.  MUNICIPAL  GOVERNMENT. 

Section  1.  The  inhabitants  of  the  town  of  city  of  Non  h  Adams 

incorporated 

North  Adams  shall,  in  case  of  the  acceptance  of  this 
act  by  the  voters  of  said  town  as  hereinafter  pro¬ 
vided,  continue  to  be  a  body  politic  and  corporate, 
under  the  name  of  the  City  of  North  Adams;  and  as 
such  shall  have,  exercise  and  enjoy  all  the  rights, 
immunities,  powers  and  privileges,  and  shall  be  sub¬ 
ject  to  all  the  duties  and  obligations,  now  pertaining 
to  and  incumbent  upon  the  said  town  as  a  municipal 
corporation. 

Section  2.  The  administration  of  all  the  fiscal,  Government  to  be 

1  vested  in  mayor 

prudential  and  municipal  affairs  of  said  city,  with  and  city  council, 
the  government  thereof,  shall,  except  the  affairs  of 
public  schools,  be  vested  in  an  executive  depart¬ 
ment,  which  shall  consist  of  one  officer,  to  be  called 
the  mayor,  and  in  a  legislative  department  which 
shall  consist  of  a  single  body,  to  be  called  the  city 
council,  the  members  whereof  shall  be  called  council- 
men.  The  executive  department  shall  never  exer¬ 
cise  any  legislative  power,  and  the  legislative  de- 


543701 


4 


CHARTER 


Division  into  wards. 


Municipal  election 
and  municipal 
year. 


Mayor,  council  men, 
etc.,  to  be  elected 
by  ballot,  etc. 


partment  shall  never  exercise  any  executive  power, 
excepDas  herein  otherwise  provided. 

Section  3.  The  territory  of  said  city  shall  first 
be  divided  into  seven  wards,  as  hereinafter  pro¬ 
vided,  but  said  number,  upon  any  subsequent 
division  of  said  city  into  new  wards,  may  be  in¬ 
creased  by  an  affirmative  vote  of  a  majority  of  the 
members  of  the  city  council,  passed  previous  to  and 
in  the  year  of  such  division. 

TITLE  2.  ELECTIONS  AND  MEETINGS. 

Section  4.  The  municipal  election  shall  take 
place  annually  on  the  third  Tuesday  of  December, 
and  the  municipal  year  shall  begin  on  the  first  Mon¬ 
day  of  January  following.  All  meetings  of  the 
citizens  for  municipal  purposes  shall  be  called  by 
warrants  issued  by  order  of  the  city  council,  which 
shall  be  in  such  form,  and  be  served  and  returned  in 
such  manner  and  at  such  times,  as  the  city  council 
may  by  ordinance  direct. 

Section  5.  At  such  municipal  election  the  quali¬ 
fied  voters  shall  give  in  their  votes  by  ballot  in  the 
several  wards  for  mayor  and  councilmen,  and  for  the 
members  of  the  board  of  assessors,  board  of  trustees 
of  the  public  library,  and  of  the  school  committee 
then  to  be  elected,  and  the  person  receiving  the 
highest  number  of  votes  for  any  office  shall  be  deemed 
and  declared  to  be  elected  to  such  office;  and  when¬ 
ever  two  or  more  persons  are  to  be  elected  to  the 
same  office  the  several  persons,  up  to  the  number 
required  to  be  chosen,  receiving  the  highest  number 
of  votes  shall  be  deemed  and  declared  to  be  elected.  : 
If  it  shall  appear  that  there  is  no  choice  of  mayor,  or 
if  the  person  elected  mayor  shall  refuse  to  accept 
the  office,  or  shall  die  before  qualifying,  or  if  a  va¬ 
cancy  in  said  office  shall  occur  subsequently  and 
more  than  three  months  previous  to  the  expiration 


CHARTER 


5 


of  the  municipal  year,  the  city  council  shall  forth¬ 
with  cause  warrants  to  be  issued  for  a  new  election, 
and  the  same  proceedings  shall  be  had  in  all  respects 
as  hereinbefore  provided  for  the  election  of  mayor, 
and  shall  be  repeated  until  the  election  of  a  mayor  is 
completed.  If  the  full  number  of  members  of  the 
city  council  has  not  been  elected,  or  if  a  vacancy  in 
the  office  of  councilman  shall  occur  subsequently 
and  more  than  six  months  previous  to  the  expir¬ 
ation  of  the  municipal  year,  the  council  may  forth¬ 
with  elect  some  person  or  persons  to  fill  the  vacancy 
or  vacancies  until  the  next  annual  municipal  elec¬ 
tion.  The  board  of  assessors  shall  consist  of  three 
persons  who  shall  be  elected  in  the  manner  provided 
in  section  forty-one  for  the  election  of  trustees  of 
the  public  library. 

Section  6.  All  meetings  for  the  election  of 
national,  state,  county  and  district  officers  shall  be 
called  by  order  of  the  city  council,  in  the  same  man¬ 
ner  as  meetings  for  municipal  elections  are  called. 

Section  7.  The  city  council  may,  when  no  con¬ 
venient  wardroom  for  holding  the  meetings  of  the 
citizens  of  any  ward  can  be  had  within  the  territorial 
limits  of  such  ward,  appoint  and  direct,  in  the  war¬ 
rant  for  calling  any  meeting  of  the  citizens  of  such 
ward,  that  the  meeting  be  held  in  some  convenient 
place  within  the  limits  of  any  adjacent  ward  of  the 
city;  and  for  such  purpose  the  place  so  assigned 
shall  be  deemed  and  taken  to  be  a  part  of  the  ward 
for  which  the  election  is  held. 

Section  8.  General  meetings  of  the  citizens 
qualified  to  vote  may  from  time  to  time  be  held  ac¬ 
cording  to  the  right  secured  to  the  people  by  the 
constitution  of  this  Commonwealth*,  and  all  such 
meetings  may,  and  upon  the  request  in  writing  of 


Meetings  for  elec¬ 
tion  of  national, 
state,  etc.,  officers. 


Ward  meetings  may 
be  held  in  adja¬ 
cent  ward. 


General  meetings  of 
qualified  voters. 


CHARTER 


fifty  qualified  voters  setting  forth  the  purposes  there¬ 
of,  shall  be  duly  called  by  the  city  council. 

TITLE  3.  LEGISLATIVE  DEPARTMENT. 

Cltion“ernm,1etcelec"  Section  9.  The  members  of  the  city  council 
shall  consist  of  twenty-one  councilmen  at  large,  who 
shall  be  elected  by  the  inhabitants  of  the  city  as 
follows:  At  the  first  municipal  election  held  under 
this  act  twenty-one  members  at  large  of  the  council  i 
shall  be  elected  by  the  qualified  voters  of  the  entire 
city,  seven  to  serve  for  the  term  of  three  years,  | 
seven  for  the  term  of  two  years  and  seven  for  the 
term  of  one  year,  beginning  with  the  first  Monday 
in  January  then  next  ensuing;  and  thereafter  seven 
members  at  large  of  said  city  council  shall  be  elected 
in  like  manner  at  each  annual  municipal  election, 
to  serve  for  the  term  of  three  years  beginning  with 
the  first  Monday  in  January  next  ensuing,  in  place 
of  the  members  at  large  whose  term  then  expires. 
At  the  first  municipal  .election  no  voter  shall  vote 
for  more  than  five  of  the  councilmen  to  be  elected  for 
each  term,  that  is  to  say,  not  more  than  fifteen  in  the 
aggregate  on  one  ballot,  and  the  seven  having  the 
highest  number  of  votes  for  each  term  shall  be  de¬ 
clared  elected.  At  all  municipal  elections  subse¬ 
quent  to  the  first  election  no  voter  shall  vote  for 
more  than  five  of  the  seven  councilmen  to  be  elected 
at  an  annual  election  on  one  ballot,  and,  the  seven 
having  the  highest  number  of  votes  shall  be  declared 
elected.  The  councilmen  shall  hold  office  for  three 
years,  except  as  herein  otherwise  provided,  begin¬ 
ning  with  the  first  Monday  in  January  next  succeed- 1 
ing  their  election,  and  until  their  successors  shall  be 
elected  and  qualified.  A  majority  of  the  board  shall  i 

Quorum,  etc.  constitute  a  quorum  for  the  transaction  of  business,  i 

In  case  an  election  is  held  to  fill  a  vacancy  or  va- 1 
cancies  in  the  council  a  voter  may  vote  for  the  coun- 


CHARTER 


7 


cilman  necessary  to  fill  such  vacancies  in  addition 
to  the  number  above  provided. 

Section  10.  The  mayor  and  the  councilmen  oaths  of  office  of 
elect  shall  annually,  on  the  first  Monday  in  January,  3fmen.and  coun~ 
at  ten  o’clock  in  the  forenoon,  meet  and  be  sworn  to 
the  faithful  discharge  of  their  duties.  The  oath 
shall  be  administered  at  their  first  meeting  after  the 
acceptance  of  this  act,  by  the  town  clerk,  and  in  sub¬ 
sequent  years  by  the  city  clerk,  or,  in  his  absence,  by 
any  justice  of  the  peace,  and  shall  be  duly  certified 
on  the  journal  of  the  city  council.  In  case  of  the 
absence  of  the  mayor  elect  on  the  first  Monday  in 
January,  or  if  a  mayor  shall  not  then  have  been 
elected,  the  oath  of  office  may  at  any  time  thereafter 
be  administered  to  him,  and  at  any  time  there¬ 
after,  in  like  manner,  the  oath  of  office  may  be 
adminstered  to  any  member  of  the  council  who 
has  been  previously  absent  or  has  been  subsequently 
elected;  and  every  such  oath  shall  be  duly  certified 
as  aforesaid. 

Section  11.  After  the  oath  has  been  adminis-  City  council,  organ- 
tered  to  the  councilmen  present  they  shall  be  called  ScSs,’ cFtycieuf 
to  order,  at  their  first  organization  by  the  town  etc- 
clerk,  and  in  subsequent  years  by  the  city 
clerk,  or  in  case  of  the  absence  of  the  city  clerk,  by 
the  oldest  senior  member  present.  The  council 
shall  then  proceed  to  elect  one  of  their  own  number 
president  of  the  council  by  ballot.  If  no  quorum  is 
present  an  adjournment  shall  be  taken  to  a  later 
hour  or  to  the  next  day,  and  thereafter  the  same  pro¬ 
ceedings  shall  be  had  from  day  to  day  until  a 
quorum  shall  be  present.  If  any  person  receive  the 
votes  of  a  majority  of  all  the  members  of  the  council, 
such  person  shall  be  declared  chosen  president 
thereof.  If  on  the  first  day  on  which  a  quorum  is 
present  no  person  receives  the  votes  of  such  ma- 


8 


CHARTER 


Special  meetings  of 
city  council. 


To  determine  rules 
of  its  proceedings, 
be  judge  of  elec¬ 
tion  of  its  mem¬ 
bers,  etc. 


jority  they  shall  proceed  to  ballot  until  some  person 
receives  the  votes  of  such  majority,  or  an  adjourn¬ 
ment  to  the  succeeding  day  is  taken,  and  on  such 
succeeding  day  a  plurality  of  those  voting  shall  be 
sufficient  for  an  election.  No  other  business  shall 
be  in  order  until  a  president  is  chosen.  The  presi¬ 
dent  shall  be  sworn  by  the  town  or  city  clerk,  as 
the  case  may  be,  or  in  case  of  the  absence  of  the 
clerk,  by  any  justice  of  the  peace.  The  council 
shall  then  proceed  to  the  choice  of  a  city  clerk,  in 
the  same  manner  as  above  provided  for  the  choice 
of  president.  The  president  may  be  removed  from 
the  presidency  of  the  council  and  the  clerk  may  be 
removed  from  office  by  the  affirmative  vote  of  two- 
thirds  of  all  the  members  of  the  council,  taken  by 
roll  call.  The  president  of  the  council  shall  have  the 
same  right  to  vote  as  any  other  member  thereof. 

Section  12.  The  mayor  may  at  any  time  call  a 
special  meeting  of  the  city  council,  by  causing  writ¬ 
ten  notification  thereof,  together  with  a  statement 
of  the  subjects  to  be  considered  thereat,  to  be  de¬ 
posited  in  the  post-office,  postpaid,  and  addressed  to 
the  persons  to  be  notified,  or  left  at  the  usual  place 
of  residence  of  each  member  of  the  council,  at  least 
twenty-four  hours  before  the  time  appointed  for 
such  meeting. 

Section  13.  The  city  council  shall  determine  the 
rules  of  its  own  proceedings  and  shall  be  judge  of  the 
election  returns  and  qualifications  of  its  own  mem¬ 
bers.  In  case  of  the  absence  of  the  president  the 
council  shall  choose  a  president  pro  tempore,  and  a 
plurality  of  votes  cast  shall  be  sufficient  for  a  choice. 
The  council  shall  sit  with  open  doors,  whether  in 
session  as  a  council  or  as  a  committee  of  the  whole, 
and  shall  cause  a  journal  of  its  proceedings  to  be 
open  to  public  inspection.  The  vote  of  the  council 


CHARTER 


9 


upon  any  question  shall  be  taken  by  roll  call  when 
the  same  is  requested  by  at  least  three  members. 
A  majority  of  the  members  of  the  council  shall  be 
required  to  constitute  a  quorum,  but  a  smaller  num¬ 
ber  may  adjourn  from  day  to  day.  The  council 
shall,  so  far  as  is  not  inconsistent  with  this  act,  have 
and  exercise  all  the  legislative  powers  of  towns,  and 
have  all  the  powers  and  be  subject  to  all  the  lia¬ 
bilities  of  city  councils,  and  of  either  branch  thereof, 
under  the  general  laws  of  the  Commonwealth, 
and  it  may  by  ordinance  prescribe  the  manner  in 
which  such  powers  shall  be  exercised.  They  shall 
receive  no  compensation  for  their  services  as  mem¬ 
bers  of  the  city  council  or  any  committee  thereof. 

Section  14.  Neither  the  city  council  nor  any 
member  or  committee  thereof  shall  directly  or 
indirectly  take  part  in  the  employment  of  labor, 
the  making  of  contracts,  the  purchase  of  materials 
or  supplies,  the  construction,  alteration  or  repair  of 
any  public  works,  buildings  or  other  property  of 
the  care,  custody  or  management  of  the  same,  or 
in  the  conduct  of  any  of  the  executive  or  administra¬ 
tive  business  of  the  city,  or  in  the  expenditure  of 
public  money,  except  such  as  may  be  necessary  for 
the  contingent  and  incidental  expenses  of  the  city 
council,'  nor  in  the  appointment  or  removal  of  any 
officers,  except  as  herein  otherwise  provided;  but 
nothing  in  this  section  contained  shall  affect  the 
powers  or  duties  of  the  council  in  relation  to  state 
aid  to  disabled  soldiers  and  sailors  and  to  the  families 
of  those  killed  in  the  civil  war. 

Section  15.*  The  city  council  shall  in  the  month 
of  January  choose  an  auditor  of  accounts,  who  shall 
hold  office  for  the  term  of  one  year  beginning  with 
the  first  Monday  in  February  next  ensuing,  and  until 

^Effected  by  Acts  of  1905,  Chapter  373. 


Quorum,  etc. 


Not  to  take  part  in 
employment  o  f 
labor, '  making  of 
contracts,  etc. 


Auditor  of  accounts. 


10 


CHARTER 


Appropriations,  etc. 


Account  of  receipts 
and  expenditures 
to  be  published, 
etc. 


North  Adams  Hos¬ 
pital. 


City  ordinances, 
penalties,  etc. 


his  successor  is  chosen  and  qualified.  A  majority 
of  the  votes  of  all  the  members  of  the  council 
taken  by  roll  call  shall  be  necessary  for  the  choice  of 
the  auditor  of  accounts,  and  he  may  be  removed  by 
the  council. 

Section  16.  The  city  council  shall  appropriate 
annually  in  the  months  of  March  and  April  the 
amount  necessary  to  meet  the  expenditures  of  the 
city  for  the  current  municipal  year.  It  shall  take 
care  that  no  money  is  paid  from  the  treasury  unless 
granted  or  appropriated,  and  shall  secure  a  just  and 
proper  accountability  by  requiring  bonds  with 
sufficient  penalties  and  sureties  from  all  persons 
entrusted  with  the  receipt,  custody  or  disbursement 
of  money.  It  shall  as  often  as  once  in  each  year, 
ten  days  at  least  prior  to  the  annual  election,  cause 
to  be  published  for  the  use  of  the  inhabitants  a 
particular  account  of  the  receipts  and  expenditures 
of  said  city  and  a  schedule  of  all  city  property  and 
of  the  city  debt.  Any  appropriation  made  by  the 
city  council  for  the  erection  of  a  city  hall,  or  for 
land  for  a  location  of  such  building,  shall  be  subject 
to  the  ratification  by  the  legal  voters  of  the  city 
voting  in  their  respective  precincts  at  an  annual 
municipal  election.  The  city  council  may  appro¬ 
priate  money  from  time  to  time  in  aid  of  the  North 
Adams  Hospital,  and  in  return  for  such  appropria¬ 
tions  the  said  hospital  shall  receive  persons  for  the 
reception  of  whom  the  city  may  erect,  establish 
and  maintain  a  hospital;  buc  such  appropriations 
shall  not  exceed  in  any  one  year  a  sum  amounting 
to  one-tenth  of  one  per  cent,  of  the  valuation  of  tjie 
city  for  the  preceding  year. 

Sect  on  17.  The  city  council  shall  have  the 
power  within  said  city  to  make  and  establish  ordi¬ 
nances  and  by-laws,  and  to  affix  penalties  as  herein 
and  by  general  law,  provided,  without  the  sanction 


CHARTER 


11 


of  any  court  or  justice  thereof:  provided,  however, 
that  all  laws  and  regulations  now  in  force  in  the 
town  of  North  Adams  shall,  until  they  shall  expire 
by  their  limitation  or  be  revised  or  repealed  by  the 
council,  remain  in  force.  Complaint  for  the  breach 
of  any  ordinance  or  by-law  may  be  made  by  the 
mayor  or  any  head  of  a  department  or  by  any  resi¬ 
dent  of  the  city. 

Section  18.  No  vote  of  the  city  council  granting 
or  bestowing  an  exclusive  franchise  of  any  descrip¬ 
tion  to  any  person  or  corporation  shall  be  valid 
unless  the  same  shall  be  approved  by  a  vote  of  the 
qualified  voters  of  the  city,  voting  at  large  in  their 
respective  precincts  at  the  annual  municipal  election. 

Section  19.  The  city  council  shall  not  authorize 
the  erection  of  a  schoolhouse,  or  of  any  addition 
thereto,  nor  pass  any  appropriation  for  such  pur¬ 
pose,  until  plans  for  the  same  have  been  approved 
by  vote  of  the  school  committee,  and  such  approval 
has  been  certified  in  writing  to  the  council  by  the 
chairman  of  said  committee. 

Section  20.  The  city  council  shall  establish  a 
fire  department  for  said  city,  to  consist  of  a  chief 
and  of  such  officers  and  members  as  the  city  council 
by  ordinance  shall  from  time  to  time  prescribe; 
and  said  council  shall  have  authority  to  define  their 
rank  and  duties  and  in  general  to  make  such  regu¬ 
lations  concerning  the  conduct  and  government  of 
such  department,  the  management  of  fires  and  the 
conduct  of  persons  attending  fires,  as  they  may 
deem  expedient,  and  may  fix  such  penalties  for  any 
•violation  of  such  regulations  or  any  of  them  as  are 
provided  for  breach  of  the  ordinances  of  said  city. 
The  appointment  of  all  the  officers  and  members 
of  such  department  shall  be  vested  in  the  mayor 
exclusively,  who  shall  have  authority  to  remove 


Proviso. 


Certain  votes  of  city 
#  to  be  approved  by 
qualified  voters. 


Plans  for  school- 
houses  to  be  ap¬ 
proved  by  school 
committee,  etc. 


Fire  Department. 


12 


CHARTER 


Fire  limits  may  be 
established,  etc. 


Proviso. 


Police  department. 


Streets,  Highways, 
etc. 


Majority  vote  of  all 
members  neces¬ 
sary  for  the  pas¬ 
sage  of  certain  or¬ 
dinances,  etc. 


from  office  any  officer  or  member  for  cause.  The 
chief  and  officers  shall  be  the  firewards  of  the  city. 

Section  21.  The  city  council  shall  have  power 
to  establish  fire  limits  within  the  city,  and  from  time 
to  time  change  or  enlarge  the  same,  and  by  ordi¬ 
nance  they  may  regulate  the  construction  of  all 
buildings  erected  within  said  fire  limits,  stipulating 
their  location,  size  and  the  material  of  which  they 
shall  be  constructed,  together  with  such  other  rules 
and  regulations  as  shall  tend  to  prevent  damage  by 
fire:  provided,  that  such  rules  and  regulations 
shall  not  be  inconsistent  with  the  laws  of  this  Com¬ 
monwealth. 

Section  22.  The  city  council  shall  establish  by 
ordinance  a  police  department,  to  consist  of  a  chief 
of  police  and  such  officers  and  men  as  it  may  pre¬ 
scribe,  and  make  regulations  for  the  government  of 
the  department.  The  appointment  of  all  the  mem¬ 
bers  of  such  department  shall  be  vested  in  the 
mayor  exclusively,  who  shall  have  power  to  remove 
any  member  for  cause. 

Section  23.  The  city  council  shall,  with  the 
approval  [of  the  mayor,  have  exclusive  authority 
and  power  to  order^the  laying  out,  locating  anew  or 
discontinuing  of  all  streets  and  ways  and  highways 
within  the  limits  of  said  city,  and  to  assess  the  dam¬ 
ages  sustained  by  any  person  thereby,  and  further, 
except  as  herein  otherwise  provided,  to  act  in  all 
matters  relating  to  such  laying  out,  locating  anew, 
altering  or  discontinuing.  Any  person  aggrieved 
by  the  assessment  of  his  damages,  or  other  action  of 
the  council  under  this  section,  shall  have  all  the 
rights  and  privileges  now  allowed  by  law  in  such* 
cases  in  appeals  from  decisions  of  the  selectmen  of 
towns. 

Section  24.  In  case  any  ordinance,  order,  reso¬ 
lution  or  vote  involves  the  appropriation  or  expen- 


CHARTER 


13 


diture  of  money  to  an  amount  which  may  exceed 
two  hundred  dollars,  the  laying  of  an  assessment 
or  the  granting  to  a  person  or  corporation  of  any 
right  in,  over  or  under  any  street  or  other  public 
ground  of  said  city,  the  affirmative  votes  of  a  ma¬ 
jority  of  all  the  members  of  the  city  council  shall  be 
necessary  for  its  passage.  Every  such  ordinance, 
order,  resolution  or  vote  shall  be  read  twice,  with 
an  interval  of  at  least  three  days  between  the 
two  readings,  before  being  finally  passed, 
and  the  vote  upon  its  final  passage  shall  be 
taken  by  roll  call :  provided,  however,  that  upon  and 
after  the  written  recommendation  of  the  mayor,  the 
city  council  may  pass  such  ordinance,  resolution  or 
vote  upon  the  same  day,  by  a  two-thirds  yea  and 
nay  vote. 

Section  25.  At  any  meeting  of  the  city  council 
it  shall  be  in  order  for  any  member  thereof  to  give 
written  notice,  seconded  in  writing  by  a  majority  at 
least  of  all  the  members  of  the  council,  of  his  in¬ 
tention  to  move  at  the  next  meeting  thereof,  occur¬ 
ring  within  not  less  than  ten  days,  a  resolution  that 
the  mayor  be  removed  for  official  misconduct  or 
neglect  of  duty.  Such  notice  shall  specify  as  par¬ 
ticularly  as  possible  the  acts  of  misconduct  or  the 
instances  of  neglect  of  duty  complained  of,  shall  be 
entered  at  large  by  the  clerk  in  the  minutes  of  the 
council,  and  the  clerk  shall  within  two  days  serve  a 
copy  upon  the  mayor  and  mail  a  copy  to  each  of  the 
members  of  the  council  at  his  residence.  At  such 
next  meeting  of  the  council  the  mayor  shall  have  the 
right  to  speak  in  his  own  defence  and  to  be  heard  by 
counsel.  The  vote  on  the  resolution  shall  be  by 
roll  call.  If  the  resolution  fails  to  receive  the  affirm¬ 
ative  votes  of  three-fourths  of  all  the  members  of 
the  council  it  shall  have  no  effect,  and  shall  not  be 
re-introduced  during  that  meeting  of  the  council. 


Proviso. 


Mayor  may  be  re¬ 
moved  from  office 
for  official  miscon¬ 
duct  or  neglect  of 
duty. 


14 


CHARTER 


Members  of  council 
not  to  hold  other 
city  offices,  etc. 


Certain  ordinances, 
etc.,  to  be  approv¬ 
ed  by  mayor. 


Executive  powers 
vested  in  mayor, 
etc. 


If  it  receives  the  affirmative  votes  of  three-fourths 
of  all  the  members  of  the  council  it  shall,  upon  the 
recording  of  such  vote,  take  effect,  and  the  office 
of  mayor  shall  thereupon  become  vacant.  The 
council  shall  there  upon  order  a  warrant  for  a  new 
election  for  mayor  to  be  issued,  and  such  further 
proceedings  shall  be  had  as  are  provided  in  section 
five  of  this  act  in  case  of  a  failure  to  elect  a  mayor. 

Section  26.  No  member  of  the  city  council 
shall,  during  the  term  for  which  he  is  elected,  hold 
any  other  office  in  or  under  the  city  government, 
have  the  expenditure  of  any  money  appropriated 
by  the  council,  or  act  as  counsel  in  any  matter 
before  the  council  or  any  committee  thereof;  and 
no  person  shall  be  eligible  for  appointment  to  any 
municipal  office  established  by  the  council  during 
any  municipal  year  within  which  he  was  council¬ 
man,  until  the  expiration  of  the  succeeding  munic¬ 
ipal  year. 

Section  27.  Every  ordinance,  order,  resolution 
or  vote  of  the  city  council,  except  such  as  relates  to 
its  own  internal  affairs,  to  its  officers  or  employees, 
to  the  election  or  duties  of  the  auditor  of  accounts 
and  any  city  clerk,  to  the  removal  of  the  mayor  or 
to  the  declaration  of  a  vacancy  in  the  office  of  mayor, 
shall  be  presented  to  the  mayor  for  his  approval, 
and  like  proceedings  shall  be  had  thereon  as  are  in 
such  case  provided  by  general  laws  relating  to  cities. 

TITLE  4.  EXECUTIVE  DEPARTMENT. 

Section  28.  The  executive  powers  of  the  city 
shall  be  vested  solely  in  the  mayor,  and  may  be 
exercised  by  him  either  personally  or  through  the 
several  officers  and  boards  of  the  city  in  their  de¬ 
partments,  under  his  general  supervision  and  con¬ 
trol.  In  case  of  a  vacancy  in  any  office  to  which 
appointment  is  made  by  the  mayor,  he  may  per- 


CHARTER 


15 


sonally  perform  the  duties  thereof,  but  he  shall  not 
be  entitled  to  receive  any  salary  or  pay  attached 
thereto.  The  mayor  shall  hold  office  for  the  mu¬ 
nicipal  year  beginning  with  the  first  Monday  in 
January  following  his  election  unless  sooner  re¬ 
moved,  and  until  his  successor  is  elected  and  qualified. 

Section  29.  The  mayor  shall  have  the  sole 
power  of  appointment  to  all  the  municipal  offices 
established  by  or  under  this  act,  unless  herein 
otherwise  provided;  and  he  may,  except  as  herein 
otherwise  provided,  remove  from  office  by  written 
order  any  officer  so  appointed  hereunder,  for  any 
cause  which  he  shall  in  his  official  discretion  deem 
sufficient,  which  cause  he  shall  assign  in  his  order  of 
removal.  Such  office  shall  become  and  be  vacant 
upon  the  filing  with  the  city  clerk  of  such  order  of 
removal  and  a  service  of  a  copy  thereof  upon  the 
officer  so  removed,  either  personally  or  by  leaving 
the  same  at  his  last  or  usual  place  of  residence. 
The  city  clerk  shall  keep  such  order  of  removal  on 
file,  where  it  shall  be  open  to  public  inspection. 

Section  30.  Whenever  by  reason  of  sickness  or 
other  cause  the  mayor  shall  be  disabled  from  per¬ 
forming  the  duties  of  his  office  he  may  designate  by 
writing  filed  in  the  office  of  the  city  clerk,  either  the 
city  treasurer,  the  city  clerk,  or  the  city  solicitor, 
to  act  as  mayor,  or  in  case  of  the  failure  of  the  mayor 
to  make  such  designation,  the  above  mentioned 
officers  in  the  order  above  named,  then  performing 
the  duties  of  his  office,  shall  act  as  mayor.  Such 
officer  shall  during  the  continuance  of  such  dis¬ 
ability  have  all  the  rights  and  powers  of  mayor, 
except  that  he  shall  not  when  so  acting  have  the 
power  of  removal,  unless  thereto  in  any  instance 
authorized  by  vote  of  the  city  council,  nor  any 
power  of  appointment  unless  such  disability  of  the 
mayor  has  continued  for  a  period  of  thirty  days, 


Term  of  office. 


Appointment  and 
removal  of  munic¬ 
ipal  officers. 


By  whom  duties  may 
be  performed  in 
case  of  disability 
of  mayor. 


16 


CHARTER 


President  of  council 
to  act  in  case  of 
vacancy  in  office 
of  mayor. 


School  committee, 
election,  term,  etc. 


and  then  subject  to  the  approval  of  the  city  council, 
nor  power  to  approve  or  disapprove  any  ordinance, 
order,  resolution  or  vote  until  within  twenty-four 
hours  of  the  time  when  it  would  take  effect  without 
the  approval  of  the  mayor.  In  case  such  disability 
of  the  mayor  continues  for  a  period  exceeding  sixty 
days  the  city  council  may  at  any  time  after  the 
expiration  of  that  period  declare  a  vacancy  to  exist 
in  the  office  of  mayor. 

Section  31.  Whenever  there  shall  be  a  vacancy 
in  the  office  of  mayor  the  president  of  the  city  council 
shall  act  as  mayor  and  possess  all  the  rights  and 
powers  of  mayor  during  such  vacancy,  except  that 
when  so  acting  as  mayor  he  shall  not  have  the  power 
of  appointment  or  removal  unless  thereto  in  any 
instance  authorized  by  vote  of  the  council. 

TITLE  5.  SCHOOL  DEPARTMENT. 

Section  32.  The  management  and  control  of 
schools  of  said  city  shall  be  vested  solely  in  a  school 
committee,  consisting  of  six  members  at  large,  who 
shall  be  elected  by  the  inhabitants  of  the  city  as 
follows:  At  the  first  municipal  election  held  under 
this  act  six  members  of  the  school  committee  shall 
be  elected  by  the  qualified  voters  of  the  entire  city, 
two  to  serve  for  the  term  of  three  years,  two  for  the 
term  of  two  years  and  two  for  the  term  of  one  year, 
beginning  with  the  first  Monday  in  January  then 
next  ensuing;  and  thereafter  two  members  at  large 
of  said  school  committee  shall  be  elected  in  like  man¬ 
ner  at  each  annual  municipal  election,  to  serve  for 
the  term  of  three  years  beginning  with  the  first 
Monday  in  January  next  ensuing,  in  place  of  the 
members  at  large  whose  term  then  expires.  The 
school  committee  shall  at  its  first  meeting  in  each 
municipal  year,  or  as  soon  thereafter  as  may  be, 
choose  a  chairman  from  among  its  members  by 


CHARTER 


17 


ballot,  and  the  votes  of  a  majority  of  all  the  members 
of  the  board  shall  be  required  in  order  to  elect. 

Section  33.  The  school  committee  shall  on  the 
first  Monday  in  June,  or  as  soon  thereafter  as  may 
be,  choose  by  vote  of  a  majority  of  its  members,  but 
not  from  their  number,  a  superintendent  of  schools, 
who  shall  be  under  its  direction  and  control.  Such 
superintendent  shall  hold  office  until  the  first  Mon¬ 
day  in  June  next  ensuing  unless  sooner  removed,  and 
until  his  successor  is  chosen  and  qualified,  an(J  he 
may  be  removed  at  any  time  by  the  school  com¬ 
mittee  by  a  vote  of  a  majority  of  its  members. 
The  school  committee  shall  in  case  of  a  vacancy  in 
their  number,  forthwith  notify  the  city  council,  and 
the  council  shall  call  a  joint  convention  of  the  mem¬ 
bers  thereof  and  of  the  school  committee,  and  at 
such  convention  the  vacancy  shall,  by  vote  of  a 
majority  of  all  the  members  of  the  two  bodies,  be 
filled  until  the  end  of  the  municipal  year  in  which 
the  warrant  for  the  next  ensuing  annual  municipal 
election  is  issued,  and  at  such  election  the  vacancy 
shall  be  filled  for  the  remainder,  if  any,  of  the  unex¬ 
pired  term,  in  the  same  manner  as  the  member 
whose  office  is  vacant  was  elected.  The  school  com¬ 
mittee  shall  fix  and  establish  the  compensation  of 
all  persons  employed  by  them. 

TITLE  6.  ADMINISTRATIVE  OFFICERS 

Section  34.  There  shall  be  the  following  ad¬ 
ministrative  officers,  who  shall  be  appointed  by  the 
mayor  and  who  shall  perform  the  duties  by  law  and 
hereinafter  prescribed  for  them,  respectively,  and 
such  further  duties  not  inconsistent  with  the  nature 
of  their  respective  offices  as  the  city  council  may 
prescribe.  I.*  A  board  of  public  works,  consisting 
of  three  persons,  who  shall  also  be  overseers  of  the 

^Amended  by  Acts  of  1897,  Chapter  76. 


Superintendent  of 
schools,  election, 
term,  etc. 


Vacancy  on  school 
committee,  etc. 


Administrative  offi¬ 
cers,  appointment, 
duties,  term,  etc. 


18 


CHARTER 


Proviso. 


Oaths  of  office. 


poor  and  commissioners  of  public  burial  places. 
II.  A  city  treasurer,  who  shall  also  be  the  collector 
of  taxes.  III.  A  city  solicitor.  IV.  A  chief  of 
police.  V.*  A  chief  of  the  fire  department.  VI. 
A  board  of  health,  consisting  of  three  persons. 
VII.  A  city  engineer,  who  shall  also  be  inspector  of 
buildings.  VIII.  A  city  bookkeeper,  who  shall  also 
be  clerk  of  the  board  of  public  works,  and  shall  keep 
the  accounts  of  all  the  departments  except  as  herein 
otherwise  provided.  The  above-named  boards  and 
officers  shall  be  appointed  on  or  before  the  first 
Monday  in  February  and  shall  hold  their  respective 
offices  for  the  term  of  one  year  beginning  with  the 
first  Monday  in  February,  unless  sooner  removed, 
and  until  their  respective  successors,  or  in  case  of 
boards,  until  a  majority  of  the  members  thereof,  are 
appointed  and  qualified :  provided,  however,  that 
the  appointment  of  the  chief  of  police  shall  not  be 
for  any  specified  time,  but  shall  hold  good  until  his 
death,  resignation  or  removal  by  the  mayor,  who 
shall  have  power  to  remove  him  for  incompetency 
or  cause.  They  shall  be  sworn  or  affirmed  to  the 
faithful  discharge  of  the  duties  of  their  respective 
offices,  which  oath  or  affirmation,  or  a  certified  copy 
thereof,  shall  be  filed  in  the  office  of  the  city  clerk. 
IX.  A  board  of  license  commissioners,  as  prescribed 
in  chapter  four  hundred  and  twenty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety -four. 
The  board  of  assessors  shall  be  entitled  to  choose  a 
clerk,  who  shall  not  be  one  of  their  own  number. 
The  board  of  public  works  shall  appoint  a  super¬ 
intendent  of  outdoor  work  who  shall  hold  no  other 
municipal  office,  and  a  superintendent  of  the  water 
works,  neither  of  whom  shall  be  of  their  own  num¬ 
ber,  and  who  shall  severally  hold  their  offices  for 
one  year  unless  sooner  removed  by  said  board,  and 


^Amended  by  Acts  of  1909,  Chapter  241. 


CHARTER 


19 


until  their  respective  successors  are  appointed  and 
qualified. 

TITLE  7.  POWERS  AND  DUTIES  OF  OFFICERS 

Section  35.  The  city  clerk  shall  have  charge  cuy  clerk,  duties , 
of  all  journals,  records,  papers  and  documents  of 
the  city,  attest  all  warrants,  and  do  such  other  acts 
in  his  said  capacity  as  the  city  council  may  require 
of  him.  He  shall  be  the  clerk  of  the  council  and 
shall  keep  a  journal  of  all  votes  and  proceedings. 

He  shall  engross  all  the  ordinances  passed  by  the 

city  council,  in  a  book  provided  for  that  purpose, 

and  shall  add  proper  indexes,  which  book  shall  be 

deemed  a  public  record  of  such  ordinances.  He- 

shall  perform  such  other  duties  as  are  required  by 

law  or  shall  be  prescribed  by  the  council.  In  case 

of  the  temporary  absence  of  the  city  clerk  the 

president  of  the  council  may  appoint  a  clerk  pro  CIerk  Pro  tempore. 

tempore,  who  shall  be  duly  qualified. 

Section  36.  The  auditor  shall  have  charge  of  Audltor*  dutles- etc- 
all  revenue  and  expenditure  accounts  of  the  city 
and  shall  keep  a  set  of  books  showing  in  detail  the 
revenues  and  expenditures  of  the  city.  He  shall 
examine  all  pay  rolls,  bills  or  demands  rendered 
against  the  city,  and  all  orders  or  votes  of  the  city 
council  for  the  payment  of  money,  shall  see  that 
they  have  been  incurred  with  due  authority,  that 
they  are  properly  approved  by  some  person  au¬ 
thorized  thereto,  and  that  the  clerical  computations 
are  correct.  He  shall  see  that  vouchers  are  prepared 
in  proper  form,  and  that  the  same  are  duly  recorded 
and  distributed  to  their  proper  account.  If  he 
approves  of  a  bill,  pay  roll  or  demand,  he  shall 
endorse  it  with  his  certificate  of  approval  and  shall 
cause  an  abstract  of  the  same  to  be  entered  on  a 
book  kept  for  that  purpose,  and  shall  pass  it  to  the 
treasurer  for  payment.  He  shall  perform  such 


20 


CHARTER 


other  duties  as  from  time  to  time  shall  be  assigned 
him  by  the  city  council.  In  case  of  the  disability 

Auditor  pro  tem-  01*  absence  of  the  auditor  the  president  of  the  council 
pore’  shall  appoint  an  auditor,  pro  tempore,  who  shall  be 

duly  qualified. 

B works, °powers^ du-  Section  37.*  The  board  of  public  works  shall 

ties,  etc.  exercise  the  powers  and  be  subject  to  the  duties 

prescribed  for  boards  of  overseers  of  the  poor  by  the 
laws  of  the  Commonwealth.  The  board  of  public 
works  shall  have  cognizance,  direction  and  control : — 
(a)  Of  the  construction,  alteration,  repair,  care  and 
lighting  of  streets,  ways  and  sidewalks.  ( b )  Of 
the  construction,  alteration,  repair,  and  care  of 
public  buildings;  except  that  the  care,  construction, 
alteration  and  repair  of  all  school  buildings  shall 
remain  under  the  control  of  the  school  committee, 
(c)  Of  the  construction,  alteration,  repair,  and  care 
of  public  sewers  and  drains,  (d)  Of  the  construction, 
alteration,  repair,  care  and  maintenance  of  public 
bridges,  (e)  Of  the  laying  out  and  caring  for  public 
burial  places  and  public  parks,  and  of  all  work  in  or 
upon  the  same.  (/)  Of  the  construction,  extension, 
alteration  and  repair  of  the  public  water  works. 
(g)  Of  the  care,  superintendence  and  management 
of  the  public  grounds  belonging  to  said  city,  except 
such  grounds  as  are  under  the  control  of  the  school 
committee,  and  of  the  shade  and  ornamental  trees 
standing  and  growing  therein,  (h)  Of  the  super¬ 
vision  of  fire-alarm,  electric  light,  power,  telephone, 
telegraph  and  trolley  wires,  and  electric  light, 
telegraph  and  telephone  poles  and  gas  pipes.  The 
said  board  may  require  that  no  person  or  corpora¬ 
tion  authorized  by  the  city  council  to  dig  up  any 
public  street  or  sidewalk  in  said  city  shall  begin 
such  digging  before  furnishing  to  such  board  of 
public  works  security  satisfactory  to  them  to  re- 


*Amended  by  Acts  of  1897,  Chapter  76. 


CHARTER 


21 


store  such  street  or  sidewalk  to  its  former  condition. 
The  said  board  shall  also,  except  as  herein  other¬ 
wise  provided,  have,  exclusively,  the  powers  and 
be  subject  to  the  duties,  liabilities  and  penalties 
which  may  be  by  law  given  to  or  imposed  upon 
road  commissioners  of  towns.*  They  shall  as  over¬ 
seers  of  the  poor  appoint  a  city  physician. 

Section  38.  The  city  treasurer  shall  collect  all 
the  water  rents  and  charges  and  all  moneys  due  the 
city,  and  shall  receive,  have  the  custody 
of,  and  pay  out  all  moneys,  upon  the  certificate 
of  the  auditor,  and  cause  an  accurate  account 
of  the  same  to  be  kept  in  proper  bookkeep¬ 
ing  form,  or  such  form  as  the  city  council  may 
prescribe.  He  shall  make  to  the  council,  annually 
or  oftener,  at  such  time  or  times  in  each  year 
as  it  shall  prescribe,  a  full  and  detailed  state¬ 
ment  of  the  receipts  and  expenditures  of  the 
city  during  such  portion  of  the  financial  year  as  it 
may  direct,  and  of  the  cash  balance  or  surplus; 
and  in  every  such  statement  the  different  sources 
of  the  city  revenue  and  the  amount  received  from 
each,  the  several  appropriations  made,  the  object  for 
which  they  were  made  and  the  amount  of  moneys  ex¬ 
pended  under  each,  the  money  borrowed  on  the  credit 
of  the  city,  the  authority  under  which  each  loan  was 
made,  and  the  terms  on  which  the  same  was  obtained , 
shall  be  clearly  and  particularly  specified.  He  shall 
cause  to  be  reported  weekly  to  the  auditor  a  state¬ 
ment  of  all  the  receipts  and  disbursements  in  order 
that  the  proper  entries  may  be  made  in  the  books 
kept  by  the  auditor.  No  person  who  is  a  bank 
official  or  employee  shall  be  eligible  to  the  office  of 
treasurer. 


To  have  powers,  etc. 
of  road  commis¬ 
sioners. 


To’  appoint  a  city 
physician. 


City  treasurer,  du¬ 
ties,  etc. 


Certain  persons  in¬ 
eligible. 


Effected  by  Acts  of  1897,  Chapter  76. 


22 


CHARTER 


City  solicitor,  duties, 
etc. 


City  engineer,  du¬ 
ties,  etc. 


Trustees  of  public 
library,  election, 
term,  etc. 


Section  39.  The  city  solicitor  shall  for  the  salary 
herein  provided  perform  all  legal  services  in  matters 
in  which  the  city  is  interested,  and  attend  to  all 
proceedings  at  law  or  in  equity  in  which  the  city  is  a 
party,  and  all  claims  made  to  the  council.  For 
these  purposes  he  shall  have  sole  charge  of  all  such 
matters  and  proceedings.  He  shall  give  in  writing 
his  legal  opinion  upon  any  of  the  municipal  affairs 
of  the  city  upon  the  request  of  the  mayor  or  council, 
and  in  addition  give  his  opinion  upon  the  law  re¬ 
lating  to  the  municipal  affairs  in  any  department 
upon  request  made  by  the  head  of  such  department. 

Section  40.  The  city  engineer  shall  give  his 
whole  time  to  the  city,  and  shall  have  sole  charge 
and  control  of  and  shall  attend  to  all  the  engineering 
work  of  the  city.  He  shall,  at  the  request  of  the 
board  of  public  works,  prepare  plans  and  estimates 
of  any  proposed  alterations  in  or  construction  of 
public  sewers  and  drains  and  conduits,  streets, 
sidewalks,  water  works  and  other  public  works. 
He  shall  assist  the  city  solicitor  as  far  as  possible  in 
defending  the  city  against  suits  and  claims  brought 
against  it  for  damages  sustained  by  reason  of  any 
defect  or  want  of  repair  in  any  public  way,  or  for  any 
cause  whatever.  He  shall  perform  such  other 
duties  as  the  city  council  may  prescribe,  not  incon¬ 
sistent  herewith.  As  inspector  of  public  buildings 
he  shall  have  control  of  the  enforcement  of  the 
regulations  regarding  plumbing,  and  shall  perform 
such  other  duties  as  shall  be  from  time  to  time 
prescribed  by  law  and  the  ordinances  of  the  city 
council. 

Section  41.  The  trustees  of  the  public  library 
shall  consist  of  three  members  at  large,  who  shall  be 
elected  by  the  inhabitants  of  the  city  as  follows: 
At  the  first  municipal  election  held  under  this  act 


CHARTER 


23 


one  trustee  shall  be  elected  to  serve  for  the  term  of 
three  years,  one  for  the  term  of  two  years  and  one 
for  the  term  of  one  year,  beginning  with  the  first  Mon¬ 
day  in  January  then  next  ensuing,  and  thereafter 
one  trustee  at  large  shall  be  elected  in  like  manner 
at  each  annual  municipal  election,  to  serve  for  the 
term  of  three  years  beginning  with  the  first  Monday 
in  January  next  ensuing,  in  place  of  the  trustee  at 
large  whose  term  then  expires.  The  trustees  of  the 
public  library  shall  have  the  care  and  management 
of  the  public  library. 

Section  42.*  The  auditor  shall  also  be  the  city  A  almoner? etc. Clty 
almoner,  and  shall  keep  a  record  of  the  settlements 
of  all  paupers  or  persons  who  are  or  may  become  a 
city  charge,  and  shall,  under  the  direction  of  and  by 
the  authority  of  the  overseers  of  the  poor,  relieve 
the  wants  of  such  paupers  outside  the  almshouse 
as  may  be  necessary  and  proper.  He  shall,  as 
aforesaid,  see  that  paupers  who  are  chargeable  to 
other  cities  and  towns  are  maintained  by  such  cities 
and  towns  at  their  own  expense,  and  that  the  city 
shall  be  reimbursed  for  outlays  made  for  the 
paupers  chargeable  to  the  Commonwealth  or  other 
cities  or  towns.  He  shall,  under  the  direction  of 
the  overseers  of  the  poor,  report  all  cases  needing 
legal  attention  to  the  city  solicitor,  and  shall  furnish 
him  with  all  the  information  possible  in  con¬ 
troversies  arising  over  pauper  settlements  or  other¬ 
wise.  He  shall  perform  such  other  duties  as  the 
overseers  of  the  poor  may  from  time  to  time  direct. 

Section  43.  All  city  officers  not  hereinbefore 
mentioned  shall  perform  such  duties  as  are  or  may 

Duties  of  certain  city 
officers. 


♦Amended  by  Acts  of  1897,  Chapter  76. 


24 


CHARTER 


Administrative 
boards,  etc.,  may 
appoint  and  dis¬ 
charge  subordin¬ 
ates,  etc. 


Contracts  for  sup¬ 
plies,  etc. 


To  be  accountable  at 
all  times  to  the 
mayor. 


Record  of  official 
transactions  to  be 
kept. 


be  from  time  to  time  prescribed  by  law,  and  such 
other  duties,  not  inconsistent  herewith  or  with 
general  laws,  as  the  council  may  from  time  to  time 
prescribe. 

Section  44.  The  administrative  officers  and 
boards  above-named  in  this  title,  and  all  administra¬ 
tive  officers  and  boards  hereafter  established  by  the 
city  council  and  not  coming  within  the  department 
of  any  officer  or  board  so  above-named,  shall  have 
the  power,  except  as  herein  otherwise  provided,  to 
appoint  or  employ,  and  to  remove  or  discharge,  all 
officers,  clerks  and  employees  in  their  respective 
departments.  Such  appointment  shall  not  be 
for  any  specified  term,  but  shall  hold  good  until 
removal  or  discharge.  Orders  of  removal  shall 
state  the  reason  thereof  and  shall  be  entered  upon 
the  records  of  the  officer  or  board  making  the  same, 
and  removals  shall  take  effect  upon  the  filing  of  a 
copy  of  such  order  with  the  city  clerk  in  a  book 
provided  for  the  purpose  and  open  to  public  in¬ 
spection.  The  above-named  administrative  officers 
and  boards  shall,  in  their  respective  departments, 
make  all  necessary  contracts  for  work,  and  for  the 
furnishing  of  materials  and  supplies  for  the  city, 
and  for  the  construction,  alteration,  repair  and  care 
of  public  works,  institutions,  buildings  and  other 
property;  except  such  property  as  shall  be  under  the 
control  of  the  school  committee,  and  shall  have, 
subject  to  the  mayor,  the  direction  and  control  of 
all  the  executive  and  administrative  business  of 
the  city.  They  shall  at  all  times  be  accountable 
to  the  mayor,  as  the  chief  executive  officer,  for  the 
discharge  of  their  duties. 

Section  45.  Every  board,  and  every  officer 
above-named,  not  a  member  of  a  board,  shall  keep 


CHARTER 


25 


a  record  of  all  official  transactions  and  such  record 
shall  be  open  to  public  inspection. 

TITLE  8.  GENERAL  PROVISIONS 

Section  46.  The  following  salaries  shall  be  paid,  salaries,  etc. 
viz.: — Mayor,  one  thousand  dollars  each  year. 

City  clerk,*  thirteen  hundred  dollars  each  year. 

Tax  collector  and  treasurer,  two  thousand  dollars 
each  year.  City  solicitor,  nine  hundred  dollars  each 
year.  Members  of  the  school  committee,  seventy- 
five  dollars  each,  each  year.  Members  of  the  board 
of  assessors,  *four  hundred  dollars  each,  each  year. 

Clerk  of  the  board  of  assessors,  one  hundred  and  fifty 
dollars  each  year.  City  physician,  two  hundred  and 
fifty  dollars  each  year.  Members  of  the  board  of 
health,  one  hundred  dollars  each,  each  year.  Chief  of 
the  fire  department,**  three  hundred  dollars  each 
year.  Assistant  chiefs  of  the  fire  department,  one  hun¬ 
dred  dollars  each,  each  year.  Superintendent  of  the 
water  works,  twelve  hundred  dollars  each  year.  City 
engineer  and  inspector  of  plumbing,  eighteen  hun¬ 
dred  dollars  each  year.  Chief  of  police  and  keeper 
of  lockup,*  three  dollars  and  a  half  each  day.  Cap¬ 
tain  of  police,*  three  dollars  each  day.  Keeper  of  the 
almshouse,  seven  hundred  and  fifty  dollars  each 
year.***  Members  of  board  of  public  works,  five 
hundred  dollars  each,  each  year.  Clerk  of  the  board 
of  public  works,  nine  hundred  dollars  each  year. 
Superintendent  of  out-door  work,  twelve  hundred 
dollars  each  year.  Auditor,  one  thousand  dollars 
each  year.  Members  of  the  police  force,*  two  dol¬ 
lars  and  a  half  each  day.  Firemen,  hose  and  hook- 
and-ladder  men,*  sixty-five  dollars  each,  each  year. 

The  compensation  of  all  persons  not  employed  by 
boards  or  heads  of  departments  and  not  herein 

*Changed  by  vote  of  the  citizens. 

♦♦Effected  by  Acts  of  1904,  Chapter  254. 

***Effected  by  Acts  of  1897,  Chapter  76. 


26 


CHARTER 


Non  residents  not  el¬ 
igible  to  certain 
offices,  etc. 


Offices  to  become  va¬ 
cant  for  certain 
causes. 


1885,  312,  etc.,  not 
to  apply  until  Jan. 
1,  1900. 


To  submit  estimate 
of  expenses  for 
ensuing  financial 
year,  etc. 


provided  for  shall  be  established  by  the  city  council, 
but  no  new  salaried  office  shall  be  established  except 
those  required  by  law,  nor  any  increase  of  salaries 
made,  unless  approved  by  a  vote  of  the  citizens  at 
large  in  their  respective  precincts .  at  an  annual 
election. 

Section  47.  No  person  shall  be  eligible  to  any 
of  the  offices  of  the  city  government,  except  super¬ 
intendent  of  schools,  chief  of  police,  chief  of  the  fire 
department,  or  city  engineer,  unless  he  is  a  citizen 
and  has  been  a  resident  of  the  city  for  at  least  two 
years. 

Section  48.*  Any  office  established  under  or 
by  this  act  shall  become  vacant  if  the  incumbent 
ceases  to  be  a  resident  of  the  city.  The  conviction 
of  the  incumbent  of  any  such  office  of  a  crime 
punishable  by  imprisonment  shall  operate  to  create 
a  vacancy  in  the  office  held  by  him. 

Section  49.  The  provisions  of  chapter  three 
hundred  and  twelve  of  the  acts  of  the  year  eighteen 
hundred  and  eighty  five  and  acts  in  amendment 
thereof  and  in  addition  thereto  shall  not  apply  to 
the  city  of  North  Adams  until  the  first  day  of  Jan¬ 
uary  in  the  year  nineteen  hundred. 

Section  50.  The  administrative  officers  and 
boards  above-named  shall,  annually  on  or  before  the 
first  Monday  of  January,  furnish  to  the  mayor  an 
itemized  and  detailed  estimate  of  the  moneys  re¬ 
quired  for  their  respective  departments  or  offices 
during  the  ensuing  financial  year.  The  mayor, 
president  of  the  council  and  chairman  of  the  board 
of  assessors,  shall  examine  such  estimates  and  shall 
submit  the  same  to  the  city  council  on  or  before  the 
first  day  of  March,  with  their  itemized  and  detailed 


*Effected  by  the  Acts  of  1897,  Chapter  76. 


CHARTER 


27 


apportionment,  which  shall  be  the  appropriations 
which  the  several  departments  and  officers  may 
expend  during  the  current  municipal  year,  but  said 
city  council  at  any  time  prior  to  May  first,  of  each 
year,  may,  subject  to  the  approval  of  the  mayor 
as  provided  by  law,  strike  out  or  decrease,  but  not 
increase,  any  item  in  said  report. 

Section  51.  Every  officer  of  the  city  shall, 
at  the  request  of  the  city  council,  give  it  such  in¬ 
formation  in  writing  as  it  may  require  in  relation  to 
any  matter,  act  or  thing  connected  with  his  office 
or  employment  or  the  discharge  of  the  duties 
thereof. 

Section  52.  No  sum  appropriated  for  a  specific 
purpose  shall  be  expended  for  any  other  purpose, 
and  no  expenditure  shall  be  made,  nor  liability  in¬ 
curred,  by  or  in  behalf  of  the  city,  until  an  appro¬ 
priation  has  been  duly  voted  by  the  city  council 
sufficient  to  meet  such  expenditure  or  liability,  to¬ 
gether  with  all  prior  unpaid  liabilities  which  are  pay¬ 
able  out  of  such  appropriation,  except  in  accordance 
with  the  written  recommendation  of  the  mayor  to  the 
city  council,  approved  by  the  yea  and  nay  vote  of 
two-thirds  of  the  council:  provided ,  however,  that, 
after  the  expiration  of  the  financial  year  and  until 
the  passage  of  the  annual  appropriations,  liabilities 
payable  out  of  a  regular  appropriation  to  be  con¬ 
tained  therein  may  be  incurred  to  an  amount  not 
exceeding  one-third  of  the  total  of  such  appro¬ 
priation  for  the  preceding  year.  Every  bill,  pay¬ 
roll  or  other  voucher  covering  an  expenditure 
of  money  shall  be  approved  by  the  signatures, 
on  the  back  of  such  bill  or  voucher,  of  the  ma¬ 
jority  of  the  board  or  committee  having  control  of, 
or  incurring  such  expenditure,  and  after  such  appro¬ 
val  such  bills,  pay-rolls  or  vouchers  shall  be  turned 


Officers  to  give  cer¬ 
tain  information 
upon  request. 


Appropriations  and 
expenditures. 


Proviso. 


28 


CHARTER 


Financial  year. 


Civil  service. 


Proposals  for  sup¬ 
plies,  etc. 


Certain  contracts  to 
be  approved  by 
mayor,  etc. 


over  to  the  auditor.  The  financial  year  shall  begin 
with  the  first  day  of  December  in  each  year. 

Section  53.  Nothing  herein  contained  shall  af¬ 
fect  the  enforcement  of  the  provisions  of  chapter 
three  hundred  and  twenty  of  the  acts  of  the  year 
eighteen  hundred  and  eighty -four,  being  “An  act 
to  improve  the  civil  service  of  the  Commonwealth 
and  the  cities  thereof/’  and  acts  in  amendment 
thereof  and  in  addition  thereto,  or  of  the  rules  made 
by  the  commissioners  appointed  thereunder;  and 
the  city  council  shall  make  sufficient  and  proper 
appropriations  for  the  carrying  out  and  enforce¬ 
ment  of  said  act  and  such  rules  in  said  city. 

Section  54.  Whenever  mechanical  or  other 
work  is  required  to  be  done,  or  supplies  are  re¬ 
quired  for  the  city,  at  a  cost  amounting  to  five  hun¬ 
dred  dollars  or  more,  the  board  or  committee  having 
the  matter  in  charge  shall  invite  proposals  therefor 
by  advertisements  in  not  more  than  two  news¬ 
papers  published  in  said  city,  such  advertisements 
to  state  the  time  and  place  for  opening  the  pro¬ 
posals  in  answer  to  said  advertisements,  and  re¬ 
serving  the  right  to  said  board  or  committee  to 
reject  any  or  all  proposals.  Every  proposal  for 
doing  such  work  or  making  such  sale  shall  be  ac¬ 
companied  by  a  suitable  bond,  or  certificate  of 
deposit,  for  the  faithful  performance  of  such  pro¬ 
posal,  and  all  such  proposals  shall  be  kept  by  the 
officer  or  board  inviting  the  same,  and  shall  be  open 
to  public  inspection  after  said  proposals  have  been 
accepted  or  rejected. 

Section  55.  All  contracts  made  by  any  depart¬ 
ment  of  the  city  shall,  when  the  amount  involved  is 
five  hundred  dollars  or  more,  be  in  writing,  and  no 
such  contract  shall  be  deemed  to  have  been  made 
or  executed  until  the  approval  of  the  mayor  is 


CHARTER 


29 


affixed  thereto.  All  such  contracts  shall  be  ac¬ 
companied  by  a  bond  with  securities  satisfactory 
to  the  board  or  committee  having  the  matter  in 
charge,  or  a  deposit  of  money  or  other  security  for 
the  faithful  performance  of  such  contracts;  and 
such  bonds  or  other  security  shall  be  deposited  with 
the  city  auditor  until  the  contract  has  b£en  carried 
out  in  all  respects;  and  no  such  contract  shall  be 
altered  except  by  a  written  agreement  of  the  con¬ 
tractor,  the  sureties  on  his  or  their  bond,  and  the 
officer  or  board  making  the  contract,  with  the  ap¬ 
proval  of  the  mayor  affixed  thereto. 

Section  56.  No  loan  except  such  as  may  be 
incurred  in  anticipation  of  taxes  shall  be  made 
except  upon  and  after  the  written  recommendation 
of  the  mayor,  made  to  the  council  and  passed  by 
two-thirds  yea  and  nay  vote.  All  bonds  and  notes 
issued  by  the  city  shall  be  signed  by  the  treasurer 
and  countersigned  by  the  mayor,  and  any  coupons 
attached  thereto  shall  bear  the  signature  of  the 
treasurer  either  in  the  original  or  a  fac  simile. 

Section  57.  The  board  of  public  works  shall 
fix  and  establish  the  prices  or  rents  for  the  use  of 
water,  which  shall  not  be  made  less  in  any  instance 
than  the  prices  and  rents  now  established  by  the 
prudential  committee  of  the  North  Adams  Fire 
District,  until  the  bonded  indebtedness  now  or  here¬ 
after  created  by  said  district  or  city  for  the  purpose 
of  supplying  the  inhabitants  of  said  district  or  city 
with  pure  water  shall  have  been  paid;  and  the  in¬ 
come  received  therefrom,  in  each  year,  after  deduct¬ 
ing  all  expenses  and  charges  of  distribution  of  such 
year,  shall  be  applied  as  follows:  First,  to  the  pay¬ 
ment  of  the  interest  on  the  debts  and  loans  now  or 
hereafter  incurred  by  the  said  city  and  by  the  North 
Adams  Fire  District  for  the  purpose  of  supplying 


Loans,  bonds,  notes, 
etc. 


Board  of  public 
works  to  establish 
prices,  etc.,  for  the 
use  of  water. 


Income  to  be  applied 
to  payment  of 
loans,  etc. 


30 


CHARTER 


Debts,  etc.,  in  excess 
of  income  to  be 
raised  by  taxation. 


Division  of  territory 
into  wards,  etc. 


said  city  and  said  district  and  the  inhabitants 
thereof  with  water,  and  of  such  part  of  the  principal 
sum  thereof  as  shall  become  due  in  such  year; 
second,  after  paying  such  interest  and  principal 
sums  the  residue  of  such  income  shall  be  used  to  sup¬ 
ply  the  city  and  the  inhabitants  thereof  with  pure 
water  in* the  discretion  of  said  board,  and  any 
balance  of  such  residue  not  so  used  shall  be  paid 
into  the  treasury  of  the  city  for  general  city  pur¬ 
poses.  As  long  as  there  shall  be  any  debts  of  the 
city  that  shall  have  been  incurred  in  supplying  said 
district  or  said  city,  or  the  inhabitants  of  either 
with  water  there  shall  be  raised  each  year  by  tax¬ 
ation  a  sum  which,  together  with  the  said  income, 
shall  be  sufficient  to  pay  the  interest  on  all  such 
debts,  and  such  part  of  the  principal  sum  as  shall 
become  due  in  such  year. 

Section  58.  Upon  an  acceptance  of  this  act, 
as  herein  provided,  the  selectmen  of  said  town  shall 
forthwith  divide  the  territory  thereof  into  seven 
wards,  so  that  the  wards  shall  contain  as  nearly  as 
may  be  consistent  with  well  defined  limits  to  each, 
an  equal  number  of  voters,  and  they  shall  designate 
the  wards  by  numbers.  They  shall,  for  the  purpose 
of  the  first  municipal  election  to  be  held  thereunder, 
which  shall  take  place  on  the  third  Tuesday  of 
December  next  succeeding  such  acceptance,  provide 
suitable  polling  places  in  the  several  wards,  and  give 
notice  thereof,  and  shall  at  least  ten  days  previous 
to  such  third  Tuesday  in  December  appoint  all 
proper  election  officers  therefor,  and  they  shall  in 
general  have  the  powers  and  perform  the  duties 
of  the  mayor  and  board  of  alderman  of  cities,  under 
chapter  four  hundred  and  seventeen  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three 
and  acts  in  amendment  thereof  and  in  addition 
thereto,  the  provision  of  which  shall  so  far  as  appli- 


CHARTER 


31 


cable  apply  to  said  election;  and  the  town  clerks 
shall  perform  the  duties  therein  assigned  to  city 
clerks.  The  registrars  shall  cause  to  be  prepared 
and  published  according  to  law,  lists  of  qualified 
voters  in  each  of  the  wards  established  by  the 
selectmen. 

Section  59.  All  laws  relating  to  the  town  of 
North  Adams  when  this  act  shall  be  accepted  as 
herein  provided,  shall,  until  altered,  amended  or 
repealed,  continue  in  force  in  the  city  of  North 
Adams,  so  far  as  the  same  are  not  inconsistent 
herewith. 

Section  60.  All  special  laws  heretofore  passed 
concerning  the  fire  district  in  the  town  of  North 
Adams,  which  shall  be  in  force  in  said  fire  district 
when  this  act  shall  be  accepted,  as  herein  provided, 
shall,  so  far  as  the  same  are  not  inconsistent  here¬ 
with,  be  extended  to  and  continue  in  force  in  the 
city  of  North  Adams  until  altered,  amended  or 
repealed. 

Section  61.  Upon  the  first  day  of  January 
next  after  the  acceptance  of  this  act,  as  herein 
provided,  the  North  Adams  Fire  District  in  said  town 
shall  cease  to  exist,  and  all  the  property,  powers 
and  privileges  of  the  said  district  shall  vest  in  the 
city  of  North  Adams,  and  all  the  debts,  duties  and 
liabilities  of  the  said  fire  district  shall  become  the 
debts,  duties  and  liabilities  of  the  said  city. 

Section  62.  The  passage  of  this  act  shall  not 
effect  any  right  accruing  or  accrued,  or  any  suit, 
prosecution  or  other  legal  proceeding  pending  at  the 
time  when  this  act  shall  go  into  operation,  and 
no  penalty  for  forfeiture  previously  incurred  shall 
be  affected  thereby.  All  persons  holding  office  in 
said  town  or  in  fire  district  of  said  town  at 


Certain  laws  to  con¬ 
tinue  in  force. 


Certain  special  laws 
to  continue  in 
force. 


Property,  etc.,  of  fire 
district  to  vest  in 
city. 


Pending  legal  pro¬ 
ceedings  not  af¬ 
fected,  etc. 


32 


CHARTER 


the  time  this  act  shall  take  effect  shall  con¬ 
tinue  to  hold  the  same,  notwithstanding  the 
passage  thereof,  until  the  organization  of  the 
city  government  hereby  authorized  shall  be  effected, 
and  until  the  successors  of  such  officers  shall  be 
respectively  elected  or  appointed  and  qualified. 


selectmen  to  notify  Section  63.  The.  selectmen  shall  notify  the 
ed-  etc.  persons  elected  at  such  first  election,  and  shall  pro¬ 

vide  and  appoint  a  place  for  the  first  meeting  of  the 
mayor  and  city  council  on  the  first  Monday  in 
January  next  ensuing;  and  shall  by  written  notices 
left  at  their  respective  places  of  residence  at  least 
twenty-four  hours  prior  to  such  meeting  notify 
thereof  the  mayor-elect  and  councilmen  elect,  who 
shall  immediately  proceed  to  organize  and  carry 
into  effect  the  provisions  of  this  act,  which  shall  then 
have  full  force  and  effect.  The  selectmen  shall,  in 
like  manner,  appoint  a  place  and  time  for  the  first 
meeting  of  the  school  committee,  and  notify  the 
members  thereof.  Nothing  herein  shall  affect  the 
annual  meeting  in  said  town  for  the  election  of 
national,  state,  district  and  county  officers,  which 
may  be  held  next  after  the  acceptance  thereof. 


Meetings  for  sub¬ 
mission  of  question 
of  acceptance. 


Section  64.  The  question  of  the  acceptance  of 
this  act  may  be  submitted  to  the  legal  voters  of 
said  town  at  any  time  within  two  years  after  the 
passage  thereof  at  an  annual  meeting  or  any  meeting 
called  for  that  purpose,  except  in  the  months  of 
November  and  December.  At  such  meeting  the 
polls  shall  be  open  not  less  than  eight  hours,  and 
the  vote  shall  be  taken  by  ballot  in  accordance 
with  the  provisions  of  chapter  four  hundred  and 
seventeen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  and  acts  in  amendment  thereof 
and  in  addition  thereto,  so  far  as  the  same  shall  be 
applicable,  in  answer  to  the  question: — “Shall  an 


CHARTER 


33 


act  passed  by  the  general  court  in  the  year 
eighteen  hundred  and  ninety-five,  entitled  ‘an  act 
to  incorporate  the  city  of  North  Adams/  be  accep¬ 
ted  ?”  and  the  affirmative  votes  of  a  majority  of 
the  voters  present  and  voting  thereon  shall  be  re¬ 
quired  for  its  acceptance.  If  at  any  meeting  so  held 
this  act  shall  fail  to  be  thus  accepted,  it  may,  at  the 
expiration  of  three  months  from  any  such  previous 
meeting,  be  again  thus  submitted,  but  not  after  the 
period  of  two  years  from  the  passage  thereof. 

Section  65.  So  much  of  this  act  as  authorizes  when  to  take  effect, 
the  submission  of  the  question  of  its  acceptance  to 
the  legal  voters  of  said  town  shall  take  effect  upon 
its  passage,  but  it  shall  not  take  further  effect  unless 
accepted  by  the  legal  voters  of  said  town  as  herein 
provided.  [Approved  March  22,  1895.] 


34 


AMENDMENTS  TO  CHARTER 


ACTS  OF  1897. 


CHAPTER  76. 


AN  ACT 

TO  ABOLISH  THE  BOARD  OF  PUBLIC  WORKS  OF  THE  CITY  OF 
NORTH  ADAMS,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  public  works  of  the  city  of  North  Adams 
is  hereby  abolished,  and  the  powers  and  duties  are  now  exercised 
and  discharged  by  said  board,  except  the  powers  and  duties  exer¬ 
cised  and  discharged  by  the  members  of  the  board  of  overseers 
of  the  poor  and  commissioners  of  public  burial  places,  shall  hereafter 
be  exercised  and  discharged  by  one  commissioner  of  public  works, 
who  shall  be  appointed  by  the  mayor  without  confirmation  by  the 
city  council,  during  the  current  year  upon  the  passage  of  this  act, 
and  thereafter  on  or  before  the  first  Monday  in  February  in  each 
year.  He  shall  hold  his  office  for  the  term  of  one  year  unless  sooner 
removed  from  office  by  the  mayor  in  the  manner  prescribed  in 
section  twenty-nine  of  chapter  one  hundred  and  forty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-five,  and  until  his  i 
successor  is  appointed  and  qualified.  He  shall  receive  a  salary  of  ; 
eighteen  hundred  dollars  each  year.  A  person  not  a  citizen  or 
resident  of  North  Adams  may  be  appointed  such  commissioner  or 
superintendent  of  outdoor  work. 

Section  2.  The  mayor  of  said  city  shall  appoint  without  con¬ 
firmation  by  the  city  council  of  North  Adams,  during  the  current 
year  upon  the  passage  of  this  act,  and  thereafter  on  or  before  the 
first  Monday  in  February  in  each  year,  one  overseer  of  the  poor, 
who  shall  exercise  and  discharge  all  the  duties  and  powers  pre-  \ 
scribed  by  the  law  for  overseers  of  the  poor,  and  shall  also  be  the 
city  almoner  of  said  city  and  exercise  and  discharge  all  the  duties 


AMENDMENTS  TO  CHARTER 


35 

and  powers  now  exercised  and  discharged  by  the  auditor  of  said 
city  of  North  Adams,  as  ci-ty  almoner.  He  shall  also  be  the  com¬ 
missioner  of  public  burial  places  of  said  city.  He  shall  hold  his 
office  for  the  term  of  one  year  unless  sooner  removed  from  office 
by  the  mayor  in  the  manner  prescribed  in  section  twenty-nine  of 
chapter  one  hundred  and  forty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  and  until  his  successor  is  appointed  and 
qualified.  He  shall  receive  a  salary  of-  one  thousand  dollars  each 
year.  The  city  physician  of  said  city  shall  hereafter  be  appointed 
solely  by  the  mayor. 

Section  3.  The  chief  engineer  of  the  fire  department  of  said 
city  shall  also  be  assistant  inspector  of  buildings,  and  as  such  as¬ 
sistant  inspector  be  under  the  direction  and  control  of  the  inspector 
of  buildings.  He  shall  devote  his  whole  time  to  the  city  and  shall 
receive  a  salary  of  nine  hundred  dollars  each  year. 

Section  4.  Anything  contained  in  chapter  one  hundred  and 
forty-eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety-five, 
so  far  as  it  interferes  with  this  act,  is  hereby  repealed. 

Section  5.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  February  18,  1897. 


ACTS  OF  1904. 


CHAPTER  254. 


AN  ACT 

RELATIVE  TO  THE  FIRE  DEPARTMENT  OF  THE  CITY  OF  NORTH  ADAMS. 
Be  it  enacted ,  etc.,  as  follows: 

Section  1.  The  city  council  of  the  city  of  North  Adams  may 
by  ordinance  establish  the  salary  of  the  chief  of  its  fire  department, 
and  may  by  ordinance  establish  fire  companies  in  the  outlying  dis- 
ticts  of  the  city,  to  consist  of  such  officers  and  men  as  it  may  deter¬ 
mine;  and  may  fix  the  compensation  of  the  members  thereof, 
which  shall  not  exceed  the  sum  now  paid  to  the  other  members  of 
the  fire  department  of  the  city.  Such  fire  companies  shall  be  a  part 
of  the  fire  department  of  the  city  and  subject  to  all  ordinances 


36 


AMENDMENTS  TO  CHARTER 


and  regulations  relating  to  said  fire  department.  The  appointment 
of  the  officers  and  members  of  such  companies  shall  be  vested  in  the 
mayor  of  the  city  as  prescribed  by  section  twenty  of  chapter  one 
hundred  and  forty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five. 

Section  2.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  April  22,  1904. 


ACTS  OF  1909. 


CHAPTER  241. 


AN  ACT 

RELATIVE  TO  THE  TENURE  OF  OFFICE  OF  THE  CHIEF  OF  THE  FIRE 
DEPARTMENT  OF  THE  CITY  OF  NORTH  ADAMS. 

Be  it  enacted ,  etc.,  as  follows: 

Section  1.  The  term  of  office  of  the  chief  of  the  fire  depart¬ 
ment  of  the  city  of  North  Adams  shall  be  three  years. 

Section  2.  So  much  of  chapter  one  hundred  and  forty-eight 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-five  and  of  any 
amendment  thereof  as  is  inconsistent  herewith  is  hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  31,  1909. 


■ 

' 

. 


REVISED 


ORDINANCES 


CITY  OF  NORTH  ADAMS 


1909 


CITY  OF  NORTH  ADAMS 


In  the  Year  Nineteen  Hundred  and  Nine 

AN  ORDINANCE 

Consolidating  and  Revising 
the 

ORDINANCES  OF  THE  CITY  OF  NORTH  ADAMS 


Be  it  Ordained  by  the  City  Council  of  North  Adams  as  follows: 

CHAPTER  I. 

ORDINANCES,  ORDERS  AND  RESOLUTIONS. 

Section  1.  This  ordinance  shall  be  known  as  the  “Revised 
Ordinances  of  1909,”  and,  so  far  as  its  provisions  are  the  same  in 
effect  as  those  of  previously  existing  ordinances,  it  shall  be  con¬ 
strued  as  a  continuation  of  those  ordinances;  it  shall  not  effect  any 
act  done,  any  right  accrued,  any  penalty  incurred,  any  suit,  prose¬ 
cution  or  proceeding  pending  at  the  time  when  it  takes  effect;  sub¬ 
ject  to  the  said  limitations,  all  ordinances  of  the  city  heretofore  in 
force  are  hereby  repealed. 

Section  2.  All  by-laws  of  the  city  shall  be  termed  ordinances, 
and  the  enacting  style  shall  be:  Be  it  ordained  by  the  city  council 
of  North  Adams,  as  follows. 

Section  3.  All  ordinances  shall  be  recorded,  by  the  city 
clerk  in  the  order  in  which  they  are  passed  to  be  ordained,  in  a 


40 


REVISED  ORDINANCES 


book  prepared  and  kept  for  that  purpose,  made  of  strong  linen 
paper  with  proper  indexes,  and  strongly  bound.  Said  book  shall 
be  lettered  “ Record  of  Ordinances,  City  of  North  Adams,”  and 
shall  be  preserved  in  the  office  of  the  city  clerk  subject  to  public 
inspection. 

Section  4.  Whenever  the  city  council  expresses  anything 
by  way  of  command,  the  form  of  expression  shall  be,  Ordered ;  and 
whenever  said  board  expresses  opinions,  principles,  facts  or  purposes, 
the  form  shall  be,  Resolved. 

Section  5.  Every  ordinance,  order,  resolution  or  vote  that 
shall  require  the  approval  of  the  mayor  shall  go  into  effect  from 
and  after  the  time  of  its  approval,  and  if  not  approved  by  the  mayor, 
or  returned  by  him,  then  as  provided  by  the  charter  and  the  laws 
of  the  Commonwealth.  All  other  ordinances,  orders,  resolutions 
or  -votes  shall  take  effect  from  and  after  the  time  of  their  adoption 
or  passage. 


CITY  SEAL 


41 


CHAPTER  2. 

THE  CITY  SEAL. 

Section  1.  The  seal  of  the  city  of  North  Adams  shall  be  a 
circle  one  and  three-quarters  inches  in  diameter,  having  in  the 
center  a  representation  of  the  Hoosac  mountain  and  the  West 
Portal  of  the  Hoosac  tunnel  from  which  issues  a  train  of  cars  at 
full  speed,  in  the  margin  at  the  upper  part  the  words,  “We  hold  the 
western  gateway,”  at  the  lower  part  the  words  and  figures,  “North 
Adams,  Mass.  1895.” 


Section  2.  All  deeds  given  by  the  city  shall  be  sealed  with 
che  city  seal,  and  shall  be  signed  and  acknowledged  in  behalf  of  the 
city  by  the  mayor. 

Section  3.  The  city  clerk  shall  be  ex-officio  keeper  of  the  city 
seal,  but  shall  permit  the  mayor,  or  any  other  city  officer,  to  affix 
the  same  to  any  document  to  which  the  city  seal  is  required  to  be 
affixed. 


42 


REVISED  ORDINANCES 


CHAPTER  3. 

CITY  TREASURER  AND  CITY  BOOKKEEPER. 

Section  1.  The  city  treasurer  shall  give  bond  to  the  city 
with  a  suitable  fidelity  insurance  company  as  surety,  to  the  satis¬ 
faction  of  the  president  of  the  city  council  and  the  city  solicitor, 
in  the  sum  of  thirty  thousand  dollars  ($30,000),  that  he  will  faith¬ 
fully  account  for  and  pay  over  all  moneys  received  by  him  as  treas¬ 
urer  and  tax  collector,  and  that  he  will  faithfully  discharge  and 
perform  each  and  all  of  the  duties  of  his  office  of  treasurer  and  tax 
collector.  The  cost  of  such  bond  shall  be  borne  by  the  city. 

Section  2.  He  shall  cause  all  books,  papers,  vouchers  and 
documents  under  his  care,  belonging  to  said  city,  to  be  deposited 
and  kept  in  a  fire-proof  safe  or  vault,  and  shall  deliver  over  to  his 
successor  all  papers,  books,  document  and  property  belonging  to  said 
office.  And  he  shall  render  such  other  services  and  furnish  such 
information  respecting  the  accounts,  finances  and  payments  of 
or  to  said  city,  as  the  mayor,  city  council  or  any  committee  thereof, 
may  from  time  to  time  require. 

Section  3.  It  shall  be  the  duty  of  the  treasurer  to  negotiate 
all  loans  that  may  be  made  for  said  city  under  the  authority  and 
sanction  of  the  city  council,  to  collect  and  receive  all  the  water  rents 
and  charges,  and  all  moneys  due  the  city,  and  shall  receive,  have 
the  custody  of,  and  pay  out  all  moneys,  upon  the  certificate  of  the 
auditor,  and  cause  an  accurate  account  of  the  same  to  be  kept  in 
proper  bookkeeping  form,  or  such  form  as  the  city  council  may 
prescribe.  He  shall  make  to  the  city  council  annually  or  oftener, 
at  such  time  or  times  in  each  year  as  it  shall  prescribe,  a  full  and 
detailed  statement  of  the  receipts  and  expenditures  of  the  city 
during  such  portion  of  the  financial  year  as  it  may  direct,  and  of 
the  cash  balance  or  surplus:  and  in  every  such  statement  the 


CITY  TREASURER  AND  CITY  BOOKKEEPER 


43 


different  sources  of  the  city  revenue  and  the  amount  received 
from  each,  the  several  appropriations  made,  the  object  for  which 
they  were  made  and  the  amount  of  moneys  expended  under  each, 
the  money  borrowed  on  the  credit  of  the  .city,  the  authority  under 
which  each  loan  was  made,  and  the  terms  on  which  the  same  was 
obtained,  shall  be  clearly  and  particularly  specified.  He  shall 
cause  to  be  reported  weekly  to  the  auditor  a  statement  of  all  the 
receipts  and  disbursements  in  order  that  proper  entries  may  be  made 
in  the  books  kept  by  the  auditor. 

Section  4.  The  receipt  of  the  treasurer  shall  be  deemed  the 
only  sufficient  and  valid  discharge  of  debts  due  to  said  city,  pro¬ 
vided,  however,  that  the  superintendent  of  the  almshouse  under 
the  direction  of  the  overseer  of  the  poor,  may  receive  payment 
for  articles  sold  from  the  city  farm,  and  shall  account  therefor 
with  the  overseer  of  the  poor,  and  the  said  articles  shall  be  par¬ 
ticularly  stated  in  the  account  rendered  by  said  overseer  of  the 
poor  to  the  city  council.  Provided,  also,  that  the  superintendent 
of  streets  may  receive  payments  for  manure  and  other  articles  sold 
by  him,  when  the  amount  of  such  sale  shall  not  exceed  ten  dollars 
($10.00),  and  may  give  receipts  therefor. 

Section  5.  The  treasurer  shall  proceed  without  delay  to  col¬ 
lect  all  accounts  which  may  be  delivered  to  him  for  collection  by 
any  officer  or  officers  of  said  city;  and  he  shall  faithfully  and  cor¬ 
rectly  account  for  all  moneys  received  by  him:  and  in  any  case 
in  which  he  is  unable  to  obtain  an  immediate  settlement  of  an 
account,  he  shall  report  the  same  to  the  mayor  and  council  and  fol¬ 
low  such  directions  as  they  may  prescribe.  He  shall  pay  no  bill, 
pay  roll  or  demand,  unless  endorsed  with  the  approval  of  the  auditor 
and  shall  pay  no  draft  drawn  on  the  treasurer  against  any  particular 
fund,  or  chargeable  to  any  particular  appropriation,  for  more  than 
the  balance  remaining  to  the  credit  of  such  fund  or  appropriation, 
and  whenever  any  appropriation  is  exhausted,  shall  give  immediate 
notice  to  the  mayor  and  the  committee  on  finance  of  the  council. 

Section  6.  The  collector  of  taxes  shall  issue  the  tax  bills  as 
soon  as  possible  after  the  tax  lists  and  warrant  are  delivered  to  him 
by  the  assessors,  and  the  notices  thereof  shall  be  sent  to  all  persons 


44 


REVISED  ORDINANCES 


assessed  for  a  poll  tax  only,  on  or  before  the  second  day  of  September 
in  the  year  in  which  the  tax  is  assessed.  All  taxes  shall  be  due 
and  payable  on  or  before  the  first  day  of  September  in  each  year, 
and  all  taxes  remaining  unpaid  on  the  first  day  of  November  next 
ensuing,  the  collector  shall  proceed  to  collect  by  due  process  of 
law.  A  discount  of  ten  percent,  shall  be  allowed  on  all  taxes  which 
shall  be  paid  on  or  before  the  second  day  of  October  in  each  year. 

Section  7.  It  shall  be  the  duty  of  the  collector  to  deposit 
from  day  to  day,  whenever  the  same  shall  amount  to  the  sum  of 
one  hundred  dollars  ($100),  the  moneys  which  he  shall  receive  for 
taxes,  in  one  or  more  of  the  national  banks  or  trust  companies  in 
said  city  of  North  Adams,  to  the  credit  of  the  city,  which  money 
shall  remain  until  required  to  be  drawn  out  for  the  necessary  and 
legal  expenditure  of  said  city.  And  in  like  manner  the  treasurer 
shall  deposit  any  sum  which  he  may  receive  from  loans,  water  rents, 
fines,  fees,  claims  or  dues  to  the  city  or  otherwise  and  all  fees, 
charges  and  commissions  of  every  kind  allowed  by  law  for  the  col¬ 
lection  of  taxes,  betterments,  rates  and  assessments  of  every  kind, 
shall  be  collected  and  paid  into  the  treasury  of  the  city  and  be¬ 
come  the  property  of  the  city.  All  checks  signed  by  the  treasurer 
shall  be  countersigned  by  the  auditor. 

Section  8.  Whenever  the  treasurer  is  furnished  by  the  city 
clerk  with  an  account  of  any  assessment  made  by  the  mayor  and 
council,  relating  to  drains,  sewers,  sidewalks  or  otherwise,  he  shall 
forthwith  demand  payment,  in  writing,  of  the  amount  of  such 
assessment  in  the  manner  provided  by  law;  and  in  case  any  bills 
or  dues  under  this  ordinance  remain  unpaid  at  the  expiration  of 
three  months  after  such  demand,  the  treasurer  shall  cause  the  same 
to  be  collected  by  a  resort  to  the  proper  legal  process. 

Section  9.  The  treasurer  shall  have  the  custody  of  all  bonds 
given  to  said  city  by  any  and  all  officers  thereof,  except  his  own. 
The  city  clerk  shall  have  the  custody  of  the  treasurer’s  bond.  The 
treasurer  shall  sign  all  bonds  and  notes  issued  by  the  city  and  all 
coupons  that  may  be  attached  to  any  bonds  shall  bear  the  signature 
of  the  treasurer  either  in  the  original  or  a  facsimile.  All  such  bonds 
and  notes  shall  be  countersigned  by  the  mayor. 


CITY  TREASURER  AND  CITY  BOOKKEEPER 


45 


Section  10.  The  city  bookkeeper  shall  give  bond  to  the  city 
with  a  suitable  fidelity  insurance  company  as  surety  to  the  satis¬ 
faction  of  the  president  of  the  city  council  and  the  city  solicitor,  in 
the  sum  of  five  thousand  dollars  ($5,000),  that  he  will  faithfully 
account  for  and  pay  over  all  moneys  received  by  him  and  that  he 
wdl  faithfully  discharge  and  perform  each  and  all  of  the  duties  of 
his  office  of  bookkeeper  and  clerk  of  the  commissioner  of  public 
works.  The  expense  of  such  bond  shall  be  borne  by  the  city. 


46 


REVISED  ORDINANCES 


CHAPTER  4. 

ESTABLISHING  A  POLICE  DEPARTMENT  AND  MAKING  REGULATIONS 

THEREFOR. 

Section  1.  A  police  department  is  hereby  established,  which 
shall  consist  of  a  chief  of  police,  two  captains  and  eighteen  patrol¬ 
men,  who  shall  severally  be  appointed  by  the  mayor  and  who  shall 
hold  their  respective  offices  during  good  behavior  and  until  removed 
as  provided  by  law.  They  shall  under  the  regulations  prescribed 
by  the  city  council  and  such  rules  of  discipline  as  may  be  prescribed 
by  the  mayor,  perform  all  duties  required  of  them  as  day  and  night 
police,  in  accordance  with  the  ordinances  of  the  city  and  the  laws 
of  the  state. 

Section  2.  The  mayor  may  appoint  such  special  policemen, 
from  time  to  time  as  may  be  necessary,  who  shall  serve  without  pay. 
They  shall  be  under  the  control  of  the  chief  of  police  and  shall  be 
subject  to  these  regulations  and  such  rules  of  discipline  as  may  be 
prescribed  by  the  mayor. 

Section  3.  The  chief  of  police  shall  be  the  head  of  the  depart¬ 
ment  of  police,  and,  under  the  direction  of  the  mayor,  shall  have 
the  entire  control  of  the  department,  its  officers  and  of  all  con¬ 
stables,  special  policemen  and  other  officers  when  engaged  in  the 
service  of  the  department.  He  shall  be  responsible  for  the  disci¬ 
pline,  good  order  and  proper  conduct  of  the  men  constituting  the 
department,  and  for  the  good  condition  of  all  the  property  con¬ 
nected  with  the  department.  He  shall  devote  his  time  to  maintain 
and  preserve  the  peace,  order  and  cleanliness  of  the  city.  The  cap¬ 
tains  of  police  shall  be  styled  first  and  second  captains  of  police. 
The  first  captain  shall  be  the  deputy  chief  of  police,  who  shall  in  the 
absence  or  disability  of  the  chief  of  police,  act  as  and  discharge 
the  duties  of  chief  of  police. 


POLICE  DEPARTMENT 


47 


Section  4.  All  fees,  penalties,  witness  fees,  moneys  or  com¬ 
pensation  received  by  any  members  of  the  police  force,  other  than 
their  salary,  for  any  services  rendered  in  their  official  capacity, 
except  witness  fees  for  testifying  in  courts  outside  the  limits  of  the 
city,  shall  be  paid  weekly  into  the  city  treasury  by  the  officers  re¬ 
ceiving  the  same. 

Section  5.  The  chief  of  police  shall  keep  or  cause  to  be  kept 
at  the  police  station,  a  complete  descriptive  list  of  each  and  every 
person  arrested  and  brought  to  the  station,  by  giving  his  name, 
nativity,  age,  height,  complexion,  color  of  hair  and  eyes,  the  amount  of 
money  he  may  have  in  his  possession,  his  present  residence,  and  the 
offence  for  which  he  is  arrested,  all  of  which  shall  be  entered  in  a 
book  to  be  furnished  by  the  city;  and  the  same  shall  be  delivered 
by  said  chief  of  police  to  his  successor  in  office. 

Section  6.  It  shall  be  the  duty  of  each  and  every  police  officer 
to  exercise  supervision  over  the  use  of  water  to  prevent  its  waste, 
and  to  report  to  the  superintendent  of  the  water  works  all  cases  of 
leaking  pipes  which  may  come  to  their  knowledge  and  the  locations 
where  any  waste  is  permitted  by  takers,  or  where  they  have  good 
reason  to  believe  water  is  being  improperly  used  or  wasted. 

Section  7.  It  shall  be  the  duty  of  each  and  every  police  officer 
to  take  notice  of. all  nuisances,  impediments,  defects  and  obstruc¬ 
tions  in  the  streets,  bridges,  sidewalks,  lanes,  alleys  and  courts, 
and  public  places  and  squares  of  the  city,  and  report  the  same  to 
the  commissioner  of  public  works.  It  shall  also  be  the  duty  of  each 
and  every  police  officer  to  immediately  investigate  any  accident 
upon  a  public  street,  bridge  or  sidewalk  coming  to  his  notice  and 
at  once  report  the  same  with  all  information  obtained,  to  the  chief 
of  police,  who  shall  forthwith  transmit  the  same  to  the  city  solicitor. 

Section  8.  The  chief  of  police  shall  keep  a  correct  record  of 
all  the  doings  of  his  office,  which  shall  at  all  times  be  subject  to  the  in¬ 
spection  of  the  mayor  and  city  council.  He  shall  make  a  detailed 
report  to  the  mayor  annually,  and  oftener  if  required,  of  the  doings 
of  his  office  and  the  condition  of  the  department.  He  shall  on  the 


48 


REVISED  ORDINANCES 


last  day  of  each  month  prepare  a  pay  roll  of  all  permanent  men  em¬ 
ployed  in  the  department  and  present  it  to  the  auditor  for  certi¬ 
fication. 

Section  9.  The  members  of  the  department  shall  be  uniformed 
and  equipped  in  such  manner  as  the  mayor  shall  direct. 


FIRE  DEPARTMENT 


49 


CHAPTER  5. 

ESTABLISHING  A  FIRE  DEPARTMENT  AND  MAKING  REGULATIONS 

THEREFOR. 

Section  1.  The  fire  department  shall  consist  of  a  chief  engineer, 
and  a  deputy  chief  engineer  who  shall  be  a  permanent  fireman  in 
addition  to  the  permanent  men  hereinafter  mentioned;  two  hose 
companies  consisting  of  a  captain,  a  lieutenant,  two  permanent  men 
and  eight  call  men  each ;  one  hose  company  consisting  of  a  captain, 
a  lieutenant,  and  ten  call  men,  a  hook  and  ladder  company  con¬ 
sisting  of  a  captain,  a  lieutenant  two  permanent  men  and  five  call 
men;  a  hose  and  hook  and  ladder  company  at  Braytonville,  so 
called,  to  consist  of  a  captain,  a  lieutenant,  and  thirteen  call  men; 
and  a  hose  company  at  Blackinton,  so  called,  to  consist  of  a 
captain,  a  lieutenant,  and  ten  call  men;  who  shall  severally  be 
appointed  by  the  mayor,  and  who,  except  the  chief  engineer,  shall 
hold  their  respective  offices  during  good  behavior  and  until  re¬ 
moved  according  to  law.  The  members  of  the  fire  department 
shall,  under  the  regulations  prescribed  by  the  City  Council,  and  such 
rules  of  discipline  as  may  be  prescribed  by  the  mayor  perform 
all  duties  required  of  them  in  accordance  with  the  ordinances  of  the 
city  and  the  laws  of  the  state. 

Section  2.  The  salary  of  the  Chief  Engineer  of  the  Fire 
Department  shall  be  twelve  hundred  dollars  per  annum. 

The  salaries  of  the  members  of  said  companies  at  Brayton¬ 
ville  and  Blackinton  shall  be  as  follows:  Captains,  fifteen  dollars, 
lieutenants,  twelve  dollars,  and  call  men  ten  dollars,  each  per  annum. 

Section  3.  The  chief  engineer  may,  with  the  approval  of  the 
mayor  and  committee  on  fire  department  of  the  city  council,  estab¬ 
lish  volunteer  fire  companies  in  the  outlying  districts  to  consist  of 
such  officers  and  men  as  shall  be  deemed  proper,  who  shall  serve 


50 


REVISED  ORDINANCES 


without  compensation ;  the  members  of  such  companies  shall 
severally  be  appointed  by  the  mayor,  shall  be  sworn  to  the  faithful 
performance  of  their  duties,  and  be  subject  to  the  regulations,  rules 
and  laws  mentioned  in  section  1  of  this  chapter. 

Section  4.  The  chief  engineer  shall  be  the  head  of  the  depart¬ 
ment,  and  under  the  direction  of  the  mayor,  shall  have  entire  con¬ 
trol  of  the  department,  its  officers  and  men.  He  shall  be  responsible 
for  the  discipline,  good  order  and  proper  conduct  of  the  men  con¬ 
stituting  the  department  and  for  the  good  condition  of  all  property 
connected  with  the  department.  He  shall  see  that  the  fire  hydrants 
are  always  in  working  order  and  any  defect  therein  shall  forthwith  be 
reported  by  him  to  the  superintendent  of  the  water  works.  The 
superintendent  of  the  water  works  shall,  for  the  purpose  of  keep¬ 
ing  the  fire  hydrants  and  water  mains  always  in  good  working 
order,  be  a  member  of  the  fire  department  without  additional  com¬ 
pensation. 

« 

Section  5.  The  chief  engineer  shall  have  the  sole  and  absolute 
control  and  command  over  all  other  members  of  the  department 
and  all  persons  present  at  fires,  and  shall  take  prompt  measure  to 
arrange  the  several  hose  reels  and  other  apparatus  in  the  most  ad¬ 
vantageous  manner,  and  issue  such  orders  as  he  may  deem  necessary. 
In  case  of  the  absence  of  the  chief  engineer  at  a  fire,  the  deputy  chief 
engineer  shall,  during  such  absence,  have  and  exercise  all  the  power 
and  authority  of  the  chief  engineer,  and  shall  perform  the  duties  of 
his  office,  and  if  no  engineer  be  present,  the  captain  who  first  arrives 
with  his  apparatus  at  a  fire  shall  exercise  such  authority  until  the 
arrival  of  the  chief  engineer  or  the  deputy  chief,  and  until  the  ar¬ 
rival  of  one  of  said  officers,  such  authority  is  to  be  exercised  by  the 
lieutenant  who  first  arrives  with  his  apparatus. 

Section  6.  It  shall  be  the  duty  of  the  chief  engineer  to  keep 
or  cause  to  be  kept,  fair  and  exact  rolls  of  the  respective  companies, 
specifying  the  name,  age,  occupation  and  residence,  and  the  date  of 
the  admission  and  discharge  of  each  member  of  the  department, 


FIRE  DEPARTMENT 


51 


and  to  keep  an  accurate  account  of  all  property  belonging  to  the 
department. 

Section  7.  It  shall  be  the  duty  of  the  captain  to  preserve 
order  and  discipline  in  their  respective  companies  and  require  and 
enforce  a  compliance  with  the  regulations  of  the  city  council,  the 
rules  and  regulations  of  the  department,  and  the  orders  of  the  chief 
and  assistant  engineers,  and  to  report,  forthwith,  in  writing,  to  the 
chief  engineer,  the  name  of  each  and  every  member  who  shall  be 
guilty  of  any  neglect  of  duty  or  disobedience  of  orders.  They  shall 
keep  or  cause  to  be  kept  by  the  clerks  in  books  to  be  provided  at 
the  expense  of  the  city,  fair  and  exact  rolls  of  their  respective  com¬ 
panies,  specifying  the  time  of  admission  and  discharge  of  each 
member,  with  his  age,  residence  and  occupation,  and  also  a  record 
of  all  the  city’s  property  intrusted  to  their  care;  which  rolls  and 
records  shall  at  all  times  be  subject  to  the  inspection  of  the  chief 
engineer.  They  shall  also  make  or  cause  to  be  made,  to  the  chief 
engineer,  true  and  accurate  returns  of  all  members,  with  their  ages, 
residences  and  occupations,  and  the  conditions  of  the  apparatus 
intrusted  to  their  care  whenever  called  upon  to  do  so. 

Section  8.  The  chief  engineer  may  make  rules  and  regula¬ 
tions  for  the  discipline  and  government  of  the  department,  subject 
to  the  regulations  of  the  city  council,  and  the  approval  of  the  mayor. 

Section  9.  No  person  shall  be  a  member  of  the  department 
who  is  less  than  twenty-one  years  of  age,  and  who  is  not  at  the  time 
a  resident  of  the  city  and  citizen  of  the  United  States. 

Section  10.  Any  officer  or  member  who  shall  neglect  or 
refuse  to  perform  his  duty,  or  who  shall  be  guilty  of  any  disorderly 
conduct  or  disobedience  to  an  engineer  or  officer,  may  be  suspended 
from  duty  by  the  chief  engineer,  who  shall,  within  seven  days  there¬ 
after,  deliver  to  the  city  clerk  a  report  to  the  mayor  of  his  action, 
stating  the  name  of  the  person  suspended  and  the  cause  therefor, 
and  the  city  clerk  shall  present  such  report  to  the  mayor  and  the 
mayor  may  continue  such  suspension  for  any  definite  period,  or 
remove  such  person  from  the  department.  Any  member  suspended 


52 


REVISED  ORDINANCES 


from  duty  shall  not  act  as  a  member  of  the  department,  or  be  en¬ 
titled  to  any  compensation  until  reinstated  by  the  mayor;  and  in 
all  cases  of  removal  from  office  or  from  the  department,  the  name 
of  the  person  removed,  with  a  statement  of  the  reasons  therefor, 
shall  be  entered  upon  the  books  of  the  chief  engineer. 

Section  11.  Every  person  admitted  into  the  department 
shall  be  and  remain  a  member  of  the  company  named  in  his  appli¬ 
cation  until  he  shall  be  transferred  to  another  company  or  discharged  ; 
and  no  member  shall  be  transferred  from  one  company  to  another 
except  by  order  of  the  chief  engineer. 

Section  12.  If  any  member  or  officer  shall,  except  in  case 
of  sickness  or  the  written  permission  of  the  chief  of  the  fire  depart¬ 
ment,  be  absent  from  more  than  three  successive  fires,  alarms  of 
fires  or  two  successive  regular  meetings  of  his  company,  such  ab¬ 
sence  shall  be  considered  good  cause  for  his  discharge  from  the  de¬ 
partment;  and  an  intentional  violation  of  any  of  the  provisions  of 
this  chapter  by  any  officer  or  member  shall  be  good  cause  for  his 
discharge.  No  company  shall  leave  the  city  in  case  of  fire  in  a 
neighboring  town  except  by  order  of  the  chief  engineer  or  in  his 
absence  by  the  deputy  chief  engineer. 

Section  13.  Whenever  it  shall  be  determined  at  any  fire  by 
the  engineer  in  command  to  be  necessary  to  pull  down  or  demolish 
any  building,  in  order  to  prevent  the  spreading  of  fire,  the  same  may 
be  done  by  his  order,  in  accordance  with  the  statute  in  such  case 
made  and  provided. 

Section  14.  The  chief  engineer  shall  cause  all  places  where 
shavings  and  other  combustible  materials  or  explosive  compounds 
or  detonators,  or  other  articles,  goods  or  merchandise  liable  to 
cause  fire,  are  placed  or  kept,  to  be  examined  and  when  he  deems 
that  said  materials  or  other  articles,  goods  or  merchandise  are  so 
placed  or  kept  as  to  be  liable  to  cause  fire,  he  shall  order  the  tenant 
or  occupant  of  the  place  where  they  are  so  placed  or  kept  to  remove 
them;  and  if  such  tenant  or  occupant  neglects  or  refuses  so  to  do, 
the  chief  engineer  shall  cause  the  same  to  be  removed  at  the  ex¬ 
pense  of  such  tenant  or  occupant,  who  shall  in  addition  be  liable  to 


FIRE  DEPARTMENT 


53 


a  penalty  not  exceeding  twenty  dollars  ($20)  for  such  neglect  or 
refusal. 

Section  15.  It  shall  also  be  the  duty  of  the  chief  engineer  to 
take  cognizance  of  every  building  in  the  city  in  which  any  steam 
engine  shall  be  used,  and  of  all  buildings  in  the  city  in  process  of 
erection  or  alteration,  and  to  make  a  record  of  such  thereof,  as,  in 
his  judgment  may,  from  any  cause,  in  case  of  fire  be  dangerous, 
and  report  the  same  to  the  mayor  forthwith;  and  whenever  in  his 
opinion,  any  chimney,  hearth,  oven,  stove,  stovepipe,  fireframe, 
or  other  fixture,  or  any  explosive  or  inflammable  fluid  or  material, 
or  whatever  else  may  give  just  cause  for  alarm,  should  be  altered, 
repaired  or  removed,  he  shall  forthwith  notify  and  direct  the  owner, 
tenant  or  occupant  of  the  premises  upon  which  the  same  is  situated 
to  alter,  repair  or  remove  the  same  as  he  shall  direct.  And  in  case 
such  owner,  tenant  or  occupant  shall  refuse  or  neglect  so  to  do, 
he  shall  cause  the  same  to  be  removed,  altered  or  repaired  at  the 
expense  of  such  owner,  tenant  or  occupant,  who  shall  also  be  liable 
to  a  penalty  not  exceeding  twenty  dollars  ($20)  for  such  neglect  or 
refusal.  Any  person  who  shall  obstruct  the  chief  engineer  in 
carrying  out  the  provisions  of  this  section  shall  be  liable  to  a 
penalty  not  exceeding  twenty  dollars  ($20)  for  each  offence. 

Section  16.  Any  person  intentionally  raising  a  false  alarm 
of  fire  shall  be  prosecuted  by  the  chief  engineer  according  to  law. 
No  unauthorized  person  shall  open  any  of  the  signal  boxes  connected 
with  the  fire  alarm  telegraph  except  in  case  of  fire,  or  interfere  with 
or  injure  any  part  of  the  fire  apparatus  of  the  city  or  of  the  fire  alarm 
system.  Any  person  violating  this  provision  shall  be  punished  by 
a  fine  not  exceeding  twenty  dollars  ($20) . 

Section  17.  In  case  of  fire,  the  fire  department,  its  officers 
and  members,  with  their  horses,  machines  and  equipment,  shall  have 
the  right  of  way  in  the  public  streets  and  ways  of  the  city,  as  against 
all  other  persons,  vehicles,  or  animals,  and  no  person  shall  hinder  or 
obstruct  them  in  the  free  passage  therein,  nor  drive  over  any  hose, 
belonging  to  the  fire  department,  with  any  carriage  or  other  vehicle 
or  remove,  injure  or  in  any  manner  disturb  the  members  thereof, 


54 


REVISED  ORDINANCES 


their  horses,  machines,  hose  or  equipments,  when  stationed,  located, 
or  laid  in  any  streets,  except  under  direction  of  the  officer  in  command 
thereat.  No  person  shall  cause  any*  vehicle  or  animal  to  be  hitched, 
or  stand  in  front  of  any  hose  house  or  place  where  fire  apparatus  is 
kept  for  use  at  a  fire.  Any  person  violating  the  provisions  of  this 
section  shall  be  punished  by  a  fine  not  exceeding  twenty  dollars 
($20). 

Section  18.  Whenever  an  alarm  of  fire  is  given,  all  drivers 
of  vehicles  shall  at  once  endeavor  to  give  the  fire  department  the 
right  of  way  as  provided  by  section  37  of  chapter  32  of  the  revised 
laws;  all  street  railway  conductors  and  motormen  shall  cause  their 
cars  to  immediately  stop  when  upon  State  street  north  of  the  Hoosac 
river,  Main  street  east  of  the  Phoenix  bridge,  Eagle  street  and 
Union  street  west  of  the  first  bridge  over  the  Hoosac  river;  pro¬ 
vided,  however,  that  no  car  shall  stop  within  fifty  feet  of  the  en¬ 
trance  of  any  hose  building,  nor  upon,  or  within  fifty  feet  of  the 
corners  of  State  and  Main  streets,  Main  and  Eagle  streets,  Center 
and  Eagle  streets  and  Eagle  and  Union  streets,  uutil  the  fire  depart¬ 
ment  shall  have  passed  said  street  cars. 

(The  punishment  for  willfully  and  maliciously  obstructing  or 
retarding  such  apparatus,  under  the  provisions  of  said  section  37, 
is,  imprisonment  not  exceeding  three  months  or  by  fine  not  exceed¬ 
ing  fifty  dollars  ($50) . 

Section  19.  Whenever  the  word  “street”  or  “streets”  is 
used  in  this  chapter  it  shall  be  understood  to  include  lanes,  alleys, 
courts,  public  squares  and  sidewalks,  unless  otherwise  expressed. 

Section  20.  All  persons  not  members  of  the  fire  department 
are  hereby  enjoined  and  required  to  obey  the  orders  and  directions 
of  the  officer  in  command  at  any  fire,  and  to  render  their  services, 
if  ordered  so  to  do  by  him.  Any  person  who  shall  violate  any  pro¬ 
vision  of  this  section  shall  be  liable  to  a  fine  not  exceeding  ten  dol¬ 
lars  ($10). 

Section  21.  No  gambling  shall  be  allowed  in  any  building 
occupied  by  any  company  in  the  fire  department,  nor  shall  spirit¬ 
uous  liquors  be  used  therein. 


J 


FIRE  DEPARTMENT 


55 


Section  22.  No  hose,  reel,  cart,  hook  and  ladder  truck  or 
other  apparatus  shall  be  taken  out  of  the  city  except  to  a  fire, 
without  permission  of  the  mayor,  and  shall  not  be  taken  out  of  the 
city  to  a  fire  unless  by  the  permission  of  the  chief  engineer,  or  in  his 
absence  of  the  deputy  chief  engineer. 

Section  23.  The  members  of  the  fire  department  shall  be 
exempt  from  serving  as  jurors. 


56 


REVISED  ORDINANCES 


CHAPTER  6. 

ESTABLISHING  FIRE  LIMITS. 

Section  1.  The  fire  limits  within  the  city  of  North  Adams 
are  hereby  established  as  follows:  Beginning  at  a  point  in  the 
boundary  line  between  the  town  of  Clarksburg  and  the  city  of 
North  Adams,  which  point  is  the  northeasterly  corner  of  the  fire 
district  as  it  existed  on  the  thirty-first  day  of  December,  A.  D. 
1895,  and  shown  on  map  in  the  office  of  the  city  engineer,  marked 
“Map  of  North  Adams  Fire  District,”  made  by  A.  W.  Locke  and 
dated  May  3,  1888,  to  which  reference  may  be  had;  thence  south¬ 
easterly  and  southerly  along  the  easterly  line  to  station  8  as  shown 
on  said  map;  thence  southwesterly  in  straight  line  to  the  inter¬ 
section  of  the  center  lines  of  Church  and  Ashland  streets;  thence 
jnorthwesterly  in  a  straight  line  to  station  17  as  shown  on  said  map, 
which  is  at  the  southwesterly  corner  of  a  lot  of  land  owned  by  Henry 
Ballou  and  situated  on  the  southerly  side  of  Dean  street,  so  called; 
thence  along  said  fire  district  line  to  a  point  near  station  33,  which 
point  is  in  the  center  of  a  stream  known  as  “Cascade  Brook”  and 
is  also  two  thousand  (2,000)  feet  southerly  from  the  southerly  bounds 
of  the  state  road,  so  called,  measured  in  a  direction  perpendicular 
thereto;  thence  westerly  parallel  with  and  two  thousand  (2,000) 
feet  distant  from  the  southerly  bounds  of  said  state  road  to  the 
westerly  bounds  of  the  city  of  North  Adams  as  established  by  the 
provisions  of  chapter  262  of  the  Acts  of  the  General  Court  in  the 
year  1900;  thence  northerly  along  said  westerly  boundary  line  to 
the  northwesterly  corner  of  the  boundary  of  the  city  of  North  Adams 
as  established  by  said  chapter  262 ;  thence  easterly  along  the  northern 
boundary  line  of  the  city  of  North  Adams  to  the  place  of  beginning. 


0 


LICENSES 


57 


CHAPTER  7. 

LICENSES. 

Section  1.  When  no  other  provision  is  made  by  any  law  of 
the  Commonwealth,  all  licenses  shall  be  issued  and  signed  by  the 
city  clerk,  acting  under  the  direction  of  the  mayor  and  a  majority 
of  the  committee  on  licenses  of  the  city  council,  said  clerk  shall  keep 
a  proper  book  of  records  of  licenses,  and  all  fees  received  under  this 
chapter  shall  be  turned  over  by  him  to  the  city  treasurer  for  the  use 
of  the  city.  Every  license  fee  shall  be  paid  before  the  license  is 
issued. 

The  words  “License  Committee”  as  used  in  this  chapter  and 
as  hereinafter  referred  to  shall  include  and  mean  the  mayor  and  the 
committee  on  licenses  of  the  city  council. 

Section  2.  All  licenses  shall  expire  on  the  thirtieth  day  of 
April  next  after  their  date  of  issue  unless  otherwise  specified  in  the 
license. 

AUCTIONEERS. 

Section  3.  Every  person  licensed  as  an  auctioneer  shall  give 
a  bond  in  the  sum  of  two  hundred  dollars  ($200)  to  the  city  treasurer 
with  sufficient  sureties  to  be  approved  by  a  majority  of  the  license 
committee,  with  condition  that  he  shall  in  all  things  conform  to 
the  laws  relating  to  auctioneers,  and  shall  pay  for  the  license  the 
sum  of  two  dollars  ($2) . 

BILLIARD  TABLES,  ETC. 

Section  4.  Every  person  licensed  to  keep  a  billiard  or 
pool  table,  or  a  bowling  alley,  shall  pay  a  license  fee  of  two 
dollars  ($2)  for  each  of  the  first  four  tables,  and  one  dollar  ($1) 
for  each  additional  table,  and  five  dollars  ($5)  for  each  bowling  alley. 
All  such  licenses  shall  set  forth  the  name  of  the  person  licensed, 
and  the  nature  of  the  business,  the  number  of  tables  and  bowling 
alleys,  and  the  building  or  place  in  the  city  in  which  it  is  to  be  carried 


58 


REVISED  ORDINANCES 


on,  together  with  the  time  of  opening  and  closing  of  said  places  of 
business. 

HACKNEY  CARRIAGES. 

Section  5.  No  person  shall  set  up,  use,  or  drive  in  the  city 
of  North  Adams  any  hackney  carriages  for  the  conveyance  of  persons 
for  hire  from  place  to  place  within  said  city  without  a  license  there¬ 
for.  The  license  committee  may  from  time  to  time  direct  that 
licenses  be  granted  to  such  persons  as  they  deem  expedient,  to  set 
up,  use,  or  drive  hackney  carriages  for  the  conveyance  of  persons 
for  hire  from  place  to  place  within  the  city,  and  may  establish  the 
fare  therefor  at  their  discretion.  Every  person  so  licensed  shall 
pay  the  sum  of  one  dollar  ($1)  for  each  vehicle  so  licensed.  Every 
person  licensed  as  aforesaid  shall  cause  his  vehicle  to  be  conspicu¬ 
ously  marked  with  the  license  number,  in  figures  not  less  than  one 
and  one-half  inches  long.  The  name  of  the  licensee  and  the  number 
of  the  vehicle,  together  with  the  rates  of  fare,  shall  be  conspicuously 
posted  on  a  printed  card  in  every  vehicle.  No  license  gratited  as 
aforesaid  shall  apply  to  any  vehicle  except  the  particular  one  desig¬ 
nated  therein  by  number,  or  otherwise  made  certain. 

Every  coach  or  other  vehicle,  whether  on  wheels  or  runners 
(except  street  cars)  drawn  by  one  or  more  horses,  or  propelled  by 
other  power,  for  the  conveyance  of  persons  for  hire  from  place  to 
place  in  North  Adams  shall  be  deemed  to  be  a  hackney  carriage 
within  the  meaning  of  this  section.  Any  person  violating  the  pro¬ 
visions  of  this  section  shall  be  punished  by  a  fine  not  exceeding 
twenty  dollars  ($20) . 

EXPRESSMEN  AND  OTHERS. 

Section  6.  The  license  committee  may  direct  that  licenses 
be  granted  to  such  persons  as  they  deem  expedient  to  employ  or 
use  any  wagon,  cart,  sleigh  or  other  vehicle  which  may  be  necessary 
for  the  conveyance  from  place  to  place  within  the  city,  for  hire,  of 
any  goods,  wares,  furniture  or  rubbish,  and  no  person  shall  use  any 
of  the  vehicles  mentioned  in  this  section,  for  the  purpose  herein 
specified,  without  a  license  as  aforesaid. 

Every  person  licensed  under  this  section  shall  cause  his  name 
to  be  placed  in  plain,  legible  words  on  any  such  vehicle  he  shall  use, 


LICENSES 


59 


and  he  shall  pay  one  dollar  ($1)  for  each  vehicle  so  licensed.  Any 
person  violating  the  provisions  of  this  section  shall  be  punished 
by  a  fine  not  exceeding  twenty  dollars  ($20) . 

DEALERS  IN  JUNK  AND  SECOND-HAND  ARTICLES. 

Section  7.  No  person  shall  be  a  dealer  in  and  keeper  of  a 
shop  for  the  purchase,  sale  or  barter  of  junk,  old  metals,  or  second¬ 
hand  articles,  and  no  person  shall  collect  by  purchase  or  otherwise, 
as  a  junk  collector,  junk,  old  metals  or  second-hand  articles  from 
place  to  place  in  this  city,  unless  he  is  duly  licensed  therefor  by 
the  license  committee. 

Every  keeper  of  a  shop  in  this  city  for  the  purchase,  sale  or 
barter  of  any  of  the  articles  aforesaid,  shall  keep  a  book,  in  which 
shall  be  written  at  the  time  of  every  purchase  of  any  such  article, 
a  description  thereof,  the  name,  age  and  residence  of  the  person 
from  whom,  and  the  day  and  hour  when  such  purchase  was  made, 
and  such  book  shall  at  all  times  be  open  to  the  inspection  of  the 
mayor,  any  member  of  the  city  council  and  any  police  officer  of 
the  city  of  North  Adams.  No  article  purchased  or  received  by  such 
dealer  or  keeper  of  a  shop  shall  be  sold  until  at  least  one  week  from 
the  date  of  its  purchase  or  receipt  has  elapsed,  unless  the  name  and 
address  of  the  person  to  whom  such  articles  have  been  sold,  with 
such  other  facts  as  may  be  necessary  to  facilitate  the  tracing  of 
such  article,  have  been  entered  on  the  book  mentioned  in  this  sec¬ 
tion.  Every  dealer  or  keeper  of  a  shop  shall  put  in  a  suitable  and 
conspicuous  place  on  his  shop  a  sign  having  his  name  and  occu¬ 
pation  legibly  inscribed  thereon  in  large  letters. 

Every  such  shop  and  all  articles  of  merchandise  therein  and  any 
place,  vehicle  or  receptacle  used  for  the  collection  or  keeping  of  the 
articles  aforesaid  may  be  examined  at  all  times  by  the  mayor,  any 
member  of  the  city  council  and  any  police  officer  of  the  city  of  North 
Adams. 

No  dealer  or  keeper  of  such  shop,  and  no  junk  collector  shall, 
directly  or  indirectly,  either  purchase  or  receive  by  way  of  barter 
or  exchange  any  of  the  articles  aforesaid,  of  a  minor  or  apprentice, 
knowing  or  having  reason  to  believe  him  to  be  such. 

Every  such  collector  of  any  of  the  articles  aforesaid,  shall 
display  a  badge  upon  his  person,  and  badges  upon  his  vehicle  when 


60 


REVISED  ORDINANCES 


engaged  in  collecting,  transporting  or  dealing  in  junk,  old  metals 
or  second-hand  articles;  the  badge  so  displayed  upon  the  person 
to  be  of  such  size  and  design  as  shall  be  determined  by  the  license 
committee,  and  to  be  worn  upon  the  outside  of  the  outer  coat, 
garment  or  hat,  in  front;  the  badges  upon  the  vehicle  to  be  not  less 
than  three  inches  by  five  inches,  and  shall  be  attached  to  the  outside 
of  such  vehicle  on  each  side;  all  badges  so  displayed  to  bear  the 
words  “JUNK/'  “NORTH  ADAMS,”  and  the  year  in  which  the 
license  is  granted,  together  with  a  number  which  shall  be  assigned 
by  the  city  clerk  and  shall  be  specified  in  the  license;  all  badges  to 
be  furnished  such  collectors  by  the  city,  at  cost. 

The  aforesaid  licenses  may  be  revoked  at  pleasure  and  shall  be 
subject  to  the  provisions  of  Sections  186  to  189  inclusive  of  Chapter 
102  of  the  Revised  Laws. 

For  every  license  so  granted  to  a  dealer  in  or  keeper  of  a  shop 
for  the  purchase,  sale  or  barter  of  junk,  old  metals  or  second-hand 
articles  in  this  city,  there  shall  be  paid  to  the  city  clerk  the  sum  of 
ten  dollars,  for  the  use  of  the  city,  and  for  every  license  so  granted 
to  a  junk  collector  to  collect,  by  purchase  or  otherwise,  junk,  old 
metals  or  second-hand  articles  from  place  to  place  in  this  city,  there 
shall  be  paid  to  the  city  clerk  the  sum  of  three  dollars,  for  the  use 
of  the  city. 

Whoever,  not  being  so  licensed,  keeps  such  shop  or  is  such  dealer 
or  junk  collector,  in  this  city,  or  being  licensed,  keeps  such  shop 
or  is  such  dealer  or  junk  collector  in  any  other  place  or  manner  than 
that  designated  in  his  license,  or  after  notice  to  him  that  his  license 
has  been  revoked,  shall  forfeit  twenty  dollars  for  each  offense; 
and  whoever  violates  any  rule,  regulation  or  restriction  contained  in 
his  license  shall  forfeit  not  more  than  twenty  dollars  for  each  offense. 

All  the  provisions  of  this  section  shall  be  incorporated  in  every 
license  that  shall  be  granted  under  it. 

Persons  who  do  not  buy  or  sell  any  second-hand  articles, 
except  books  or  furniture,  shall  be  exempt  from  the  provisions 
and  conditions  of  this  section. 

HAWKERS  AND  PEDDLERS. 

Section  8.  Every  hawker  or  peddler  exposing  for  sale  or 
selling  meats,  provisions,  fruits  or  vegetables  shall  record  his  name 


LICENSES 


61 


with  the  board  of  health,  who  shall  assign  him  a  number  The. 
said  articles  shall  be  so  carried  and  conveyed  that  they  shall  not  tend 
to  injure  the  public  health  or  comfort.  Every  such  vehicle  or  re¬ 
ceptacle  shall  have  the  name  and  number  of  the  person  selling, 
painted  thereon  in  letters  and  figures  at  least  two  inches  in  size. 
The  said  vehicles  or  receptacles  shall  be  kept  neat  and  clean  within 
and  without,  and  sha  1  at  all  times  be  subject  to  inspection  by  the 
board  of  health  or  its  agent.  All  hawkers  or  peddlers  selling  or 
exposing  for  sale  any  of  the  articles  enumerated  in  section  15  of 
chapter  65  of  the  Revised  Laws  and  amendments  thereof  and  ad¬ 
ditions  thereto  (not  included  in  the  foregoing  provisions)  or  any 
person  holding  a  state  license  and  exposing  for  sale  any  goods,  wares 
or  merchandise  under  the  same,  shall  record  his  name  in  the  office 
of  the  city  clerk. 

No  person,  unless  duly  licensed  shall  ring  a  bell  or  cause  a  bell  to 
be  rung  or  cry  his  wares  on  or  in  a  public  street  or  place  for  the  pur¬ 
pose  of  giving  notice  of  the  exercise  of  a  business  or  calling,  or  for 
the  sale  of  any  article,  and  no  person  shall  use  a  horn,  or  cause  to  be 
used  a  horn,  or  other  no.'se-making  instrument  for  said  purpose  in 
any  public  street  or  place,  except  that  bakers  may  use  gongs  on  their 
carts  as  they  go  from  house  to  house.  The  license  fee  for  the  privi¬ 
lege  of  ringing  a  bell  in  the  public  streets  or  places  for  the  said  pur¬ 
pose  shall  be  one  dollar  ($1)  for  each  day  or  evening.  No  bell  shall 
be  rung  in  the  public  streets  at  an  hour  earlier  than  seven  o'clock  in 
the  morning  or  later  than  nine  o'clock  in  the  evening.  Any  person 
violating  any  provision  of  this  section  shall  be  punished  by  a  fine 
of  not  exceeding  twenty  dollars  ($20),  except  when  upon  complaint 
of  the  board  of  health  or  its  agent,  any  person  is  convicted  for  a 
second  time  of  having  an  unclean  vehicle  or  receptacle,  such  person 
shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars  ($20) 
and  not  exceeding  fifty  dollars  ($50) . 

EXPLOSIVES  AND  INFLAMMABLE  FLUIDS. 

Section  9.  The  license  committee  may  direct  that  licenses 
be  granted  as  provided  by  chapter  370  of  the  Acts  of  1904  as  amended 
by  chapter  280  of  the  acts  of  1905,  for  the  keeping,  storage,  manu¬ 
facture  or  sale  of  any  of  the  articles  named  in  section  2  of  said  chapter 
370  and  amendments  thereof  and  additions  thereto. 


62 


REVISED  ORDINANCES 


The  punishment  to  be  as  provided  by  said  chapter  370  as  amen¬ 
ded,  viz: — “Whoever  keeps,  stores,  uses,  manufactures,  sells, 
handles,  transports,  or  otherwise  disposes  of  any  of  the  articles  men¬ 
tioned  in  section  two,  in  violation  of  this  act  or  of  the  regulations 
made  hereunder,  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  more  than  one  month,  or 
by  both  such  fine  and  imprisonment.” 

LUNCH  CARTS. 

Section  10.  All  persons  who  shall  apply  for  a  license  to  con¬ 
duct  a  street  lunch  cart  shall  first  secure  the  consent  in  writing  of 
the  commissioner  of  public  works,  which  consent  shall  state  the 
place  wherein  such  street  lunch  cart  shall  be  stationed,  but  such 
consent  of  the  commissioner  of  public  works  shall  not  in  any  way 
affect  the  authority  of  the  license  committee  to  withhold  a  license; 
and  the  license  shall  not  protect  a  person  exercising  his  employment 
in  any  other  place  than  that  so  specified.  Each  person  to  whom 
shall  be  issued  a  license  to  conduct  a  lunch  cart,  shall  pay  for  such 
license  such  sum  as  the  license  committee  may  determine. 

PAWN  BROKERS. 

Section  11.  The  license  committee  may  direct  that  suitable 
persons  be  licensed  to  carry  on  the  business  of  pawn  brokers,  subject 
to  the  provisions  of  sections  186  to  189  inclusive  of  chapter  102  of 
the  revised  laws,  and  also  the  provisions  of  sections  33  to  46  inclusive 
of  said  chapter  102.  And  each  person  licensed  to  carry  on  the 
business  of  pawnbroker  shall  file  a  bond  with  two  sureties  in  the  sum 
of  three  hundred  dollars  ($300) ,  and  shall  pay  a  license  fee  of  fifty 
dollars  ($50)  if  licensed  on  or  after  November  first  the  fee  shall  be 
twenty-five  dollars  ($25) . 

INTELLIGENCE  OFFICES. 

Section  12.  The  license  committee  may  direct  that  suitable 
persons  be  licensed  to  conduct  intelligence  offices  pursuant  to  sections 
23  to  28  inclusive  of  chapter  102  of  the  Revised  Laws.  The  fee  shall 
be  two  dollars  for  each  license  so  granted. 

GENERAL  PROVISIONS. 

Section  13.  The  chief  of  police,  sheriff  or  his  deputy,  con¬ 
stable,  police  officer,  may  at  any  time  enter  into  a  billiard  or  pool- 


LICENSES 


63 


room,  bowling  alley  or  any  other  place  of  public  amusement,  or  the 
premises  of  an  inn-holder  or  common  victualer  or  in  a  street  lunch 
cart  for  the  purpose  of  enforcing  any  law  of  the  state,  or  ordinance 
of  the  city  of  North  Adams;  and  whoever  obstructs  or  hinders  the 
entrance  of  such  officer  shall  be  punished  by  a  fine  of  not  less  than 
five  dollars  ($5)  nor  more  than  twenty  dollars  ($20) . 

Section  14.  Licenses,  that  may  be  granted  legally  for  pur¬ 
poses  not  herein  before  specifically  mentioned,  may  be  granted  by 
direction  of  the  license  committee  who  shall  fix  the  fees  at  their 
discretion.  The  consent  of  the  commissioner  of  public  works 
shall  be  obtained  in  the  same  manner  as  provided  in  section  10  of 
this  chapter  whenever  the  use  of  the  public  streets  is  involved. 

Section  15.  No  license  issued  under  the  provisions  of  this 
chapter  shall  be  transferred  without  the  consent  of  the  license 
committee  endorsed  on  the  license  by  the  city  clerk. 

Section  16.  Any  and  all  licenses  issued  by  direction  of  the 
license  committee  under  and  by  virtue  of  the  provisions  of  this 
chapter  may  be  suspended  or  revoked  at  their  pleasure.  When  such 
a  license  is  revoked,  the  city  clerk  shall  note  the  revocation  upon  the 
face  of  the  record  of  the  license  and  shall  give  written  notice  to  the 
holder  of  the  license  by  delivering  the  same  to  him  in  person  or  by 
leaving  it  at  the  place  of  business  designated  in  the  license,  or  mailing 
the  same  to  his  last  known  address. 


64 


REVISED  ORDINANCES 


CHAPTER  8. 

PLUMBING. 

LICENSE. 

Section  1.  No  person  except  those  authorized  by  provisions 
of  sections  1  and  2  of  chapter  103  of  the  Revised  Laws  shall  carry 
on  the  business,  or  do  any  work  of  plumbing  unless  he  shall  have 
first  obtained  a  license  in  accordance  with  the  provisions  of  said 
chapter  103,  and  have  registered  his  name  and  place  of  business 
in  the  office  of  the  city  engineer  and  inspector  of  buildings  for  the 
city  of  North  Adams. 

PLANS  OF  PLUMBING  AND  HOUSE  DRAINAGE  TO  BE  APPROVED. 

Section  2.  The  plumbing  and  drainage  of  all  buildings, 
public  and  private,  shall  be  executed  in  accordance  with  plans  and 
specifications  previously  submitted  to  and  approved  in  writing  by 
both  the  inspector  of  buildings  and  inspector  of  plumbing. 

Plans  and  specifications  of  such  plumbing  and  drainage  shall, 
in  each  case,  be  submitted  upon  blanks  in  such  form  as  the  city 
engineer  and  inspector  of  buildings  shall  order,  and  the  same  shall 
be  placed  on  file  in  the  city  engineer’s  office. 

No  person  shall  proceed  to  construct,  add  to  or  alter  any  portion 
of  the  plumbing  or  drainage  system  of  a  building,  except  in  case 
of  repair  of  leaks,  as  prescribed  in  section  7,  chapter  103,  of  the 
Revised  Laws,  until  the  owner,  builder  or  other  person  constructing 
the  same  has  filed  with  the  city  engineer  and  inspector  of  buildings 
a  plan  thereof  showing  such  part  as  may  be  required  of  the  entire 
drainage  system,  from  its  connection  with  the  common  sewer,  or 
from  its  point  of  discharge  to  its  terminus  in  the  building,  together 
with  the  location  and  sizes  of  all  branches,  traps,  ventilating  pipes 
and  fixtures.  No  person  shall  commence  work  on  such  drainage  or 
plumbing  until  the  plans  and  specifications  are  approved,  as  in¬ 
dicated  above,  by  both  the  inspector  of  buildings  and  the  inspector 


PLUMBING 


65 


of  plumbing,  and  not  until  permit  for  said  drainage  or  plumbing 
work  has  been  granted  by  the  inspector  of  buildings.  After  a  plan 
or  piece  of  work  has  been  once  approved  no  alteration  of  either  shall 
be  allowed,  except  on  a  new  application  and  permit  as  provided  in 
this  section.  Plans  and  specifications  submitted  shall  be  approved 
or  rejected  as  soon  as  possible,  and  at  latest,  within  forty-eight 
hours  after  the  application  has  been  made. 

APPLICATION. 

Section  3.  The  application  for  the  approval  of  any  certain 
plumbing  or  drainage  system  as  provided  in  section  2  shall  be  made 
by  the  owner  of  the  premises  on  which  said  system  is  to  be  construc¬ 
ted,  or  by  one  duly  authorized  by  him  in  writing  to  make  such  appli¬ 
cation.  It  shall  always  contain  the  name  of  the  plumber  who  shall 
superintend,  have  charge  of,  or  execute  such  plumbing,  and  said 
plumber  shall,  at  the  time  of  doing  such  work,  be  duly  licensed  as  a 
master  or  employing  plumber,  according  to  the  provisions  of  chapter 
103  of  the  Revised  Laws. 

HOUSE  CONNECTION. 

Section  4.  Every  building  connected  with  the  public  sewer, 
shall  be  separately  and  independently  connected.  The  drainage  of 
one  house  shall  not  be  connected  with,  nor  pass  through  the  cellar 
of  another. 

Any  exception  to  this  section  can  only  occur  by  a  special  permit 
granted  by  the  board  of  health,  inspector  of  buildings  and  the  in¬ 
spector  of  plumbing. 


SIZE  AND  KIND  OF  PIPE. 

Section  5.  All  soil,  waste  or  vent  pipes  shall  be  of  sufficient 
size  and  weight  when  within  a  building,  and  for  a  distance  of  at 
least  ten  feet  outwardly  from  the  inside  face  of  the  foundation  walls 
or  sills,  shall  be  made  of  cast  iron,  except  that  lead  pipes  may  be  used 
for  short  connections,  and  wrought  iron  galvanized  pipe  may  be 
used  in  some  of  the  interior  piping  if  so  shown  on  the  approved  plans 
and  specifications.  The  iron  if  cast  shall  be  of  best  quality,  known 
as  extra  heavy,  of  uniform  thickness  throughout,  and  shall  have 


66 


REVISED  ORDINANCES 


an  average  weight  of  not  less  than  that  below  specified. 

2  inch  pipe,  5£  lbs.  per  foot. 

II  u 
a  a 
u  u 
u  a 
u  u 

U  (( 

u  u 

The  iron,  if  wrought,  shall  be  of  a  quality  known  as  standard  • 
wrought  and,  if  used,  shall  have  its  connections  made  by  the  Durham 
system  fittings  or  an  approved  equivalent.  By  being  so  specified  in 
the  permit  a  standard  weight  cast  iron  pipe  may  be  used  to  repair 
a  standard  weight,  or  to  extend,  for  ventilation  to  the  roof,  an  old 
standard  weight  pipe.  This  shall  never  be  allowed  unless  so  specified 
in  the  permit  and  is  considered  necessary  or  advisable  by  inspectors 
granting  the  same. 

HOUSE  DRAIN — EXTERIOR. 

Section  6.  That  portion  of  the  house  drain  which  is  outside 
the  building  and  more  than  ten  feet  outwardly  from  the  inside  face 
of  the  foundation  walls  shall  be  constructed  of  extra  heavy  cast  iron 
soil  pipe  or  of  the  best  quality  vitrified  drain  pipe  with  carefully 
cemented  joints. 

No  house  drain  or  private  sewer  shall  pass  under  another  house, 
and  if  within  five  feet  of  the  outer  line  of  any  cellar  wall  it  shall 
be  made  of  extra  heavy  cast  iron  pipe  with  thoroughly  calked 
oakum  and  lead  joints.  No  such  pipe,  connecting  the  interior 
house  drainage  system  with  the  sewer  shall  have  a  fall  of  less  than 
one-quarter  of  an  inch  to  each  foot  if  that  or  a  greater  fall  can  be 
secured.  The  grade,  size  and  alignment  shall  always  be  subject 
to  the  approval  of  the  city  engineer  and  inspector  of  buildings. 

HOUSE  DRAIN — INTERIOR. 

Section  7.  That  portion  of  the  house  drain  which  is  inside 
the  building  shall  have  a  fall  not  less  than  one-half  inch  for  each  foot 
of  its  length  if  this  is  possible;  and  in  no  case  shall  it  have  a  fall 
less  than  one-quarter  inch  to  each  foot.  All  pipes  shall  be  fre- 


3 

4 

5 

6 
8 

10 

12 


V2 

13 

17 

20 

33i 

45 

54 


PLUMBING 


67 


quently  and  firmly  supported.  Iron  pipe  in  the  cellar  if  hung  to 
the  floor  timbers  must  be  hung  by  strong  iron  hangers  placed  at 
intervals  not  greater  than  five  feet.  Such  hangers,  for  a  four-inch 
pipe  shall  have  a  cross  section  not  less  than  one  inch  by  one-eighth 
inch,  and  be  firmly  attached  to  the  timber  at  both  ends,  or  an 
iron  hanger,  attached  at  only  one  end  may  be  used  if  it  provides  the 
same  supporting  strength  as  the  above.  The  pipe  may  run  along 
the  cellar  wall  supported  on  masonry  piers.  It  may  be  buried 
in  a  dirt  cellar  bottom  if  from  its  place  of  passing  through  the 
wall  a  satisfactory  grade  may  be  had  to  the  sewer;  or  in  a  masonry 
cellar  bottom  it  may  be  placed  in  a  substantial  masonry  box,  large 
enough  to  admit  good  calking  all  around,  and  provided  with  a  cover 
that  may  be  easily  removed. 

Care  must  be  taken  to  protect  the  pipe  from  any  pressure 
of  the  cellar  wall  at  the  place  of  passing  through  the  same. 

SOIL  PIPE  ANGLES. 

Section  8.  All  branches  of  soil  or  waste  pipe,  fifteen  feet  or 
more  in  length,  shall  extend  undiminished  in  size,  two  feet  above 
the  roof,  and  not  less  than  five  feet  above  the  top  of  any  window 
situated  within  fifteen  feet.  Each  of  such  pipes  to  have  an  open 
top  allowing  unobstructed  circulation  of  all.  They  shall  be  sup¬ 
ported  above  the  roof  if  required. 

All  changes  in  direction  shall  be  made  with  curved  pipes,  and 
all  connections  with  horizontal  or  vertical  iron  pipes,  shall  be  made 
with  Y  branches,  maintaining  an  angle  not  greater  than  forty-five 
degrees;  or  such  other  fitting  as  will  contain  the  same  relative 
proportions.  This  section  shall  not  apply  to  air  pipes  where  suit¬ 
able  T  branches  may  be  used  if  approved  by  the  inspector. 

PIPES  COVERED. 

Section  9.  All  drain,  soil  or  waste  pipes  shall  be  perma¬ 
nently  exposed  to  sight  where  practicable,  or,  if  necessarily  placed 
within  partition  walls  shall  be  covered  with  wood  work  so  fastened 
with  screws  as  to  be  readily  removed.  In  no  case  shall  they  be 
absolutely  inaccessible.  An  exception  to  this  section  shall  require 


68 


REVISED  ORDINANCES 


a  special  permit  granted  by  the  board  of  health,  inspector  of  buildings 
and  the  inspector  of  plumbing. 

CLEANOUTS. 

Section  10.  Every  right  angle  turn  in  the  drain,  soil  or  waste 
pipes,  and  every  turn  where  practicable,  shall  be  provided  with 
suitable  cleanout,  same  size  as  drain  where  attached  and  provided 
with  brass  screw  cover  with  packing.  It  shall  be  so  made  as  to 
securely  shut  off  escape  of  sewer  gas.  Traps  used  hereafter  shall 
be  provided  with  suitable  accessible  openings  for  cleaning  purposes, 
and  all  such  openings  or  cleanouts  shall  be  exposed  to  view.  All 
traps  depending  on  secret  partitions  to  form  a  seal,  and  the  trap 
cover  with  putty  connections,  are  prohibited. 

TRAPS. 

Section  11.  Every  sink,  basin,  bath  tub,  water  closet,  wash 
tray,  slop  hopper  and  every  other  fixture  having  a  waste  pipe, 
shall  be  furnished  with  a  separate  trap,  which  shall  be  placed  as 
near  as  possible  to  the  fixture  it  serves,  except  that  when  a  set  of 
bowls,  or  set  of  wash  trays  are  close  together,  one  trap  may  be  used 
for  them,  but  the  trap  must  be  within  three  feet  from  the  most 
distant  fixture  that  it  is  intended  to  serve.  (No  traps  shall  be 
placed  on  vertical  pipes.)  Wooden  sinks  or  wash  trays  are  prohibited 
unless  rendered  impervious  to  water. 

VENTILATING  TRAPS. 

Section  12.  All  traps  shall  be  protected  from  siphonage  or 
air  pressure  by  special  cast  iron  or  lead  air  pipes  of  a  size  not  less 
than  the  waste  pipe  they  serve;  said  pipe  shall  be  connected  with 
the  crown  of  the  trap  on  its  downward  side.  The  diameter  of 
back  vent  for  S  water  closets  shall  be  not  less  than  two  inches  internal 
diameter,  for  one  or  for  two  closets,  but  for  any  number  exceeding 
two  closets,  the  diameter  shall  be  not  less  than  three  inches. 

Ventilating  pipes  from  any  trap  other  than  a  water  closet 
discharge  shall  be  of  diameter  not  less  than  the  pipe  they  serve, 
and  whenever  two  or  more  of  such  ventilating  pipes  are  connected 


PLUMBING 


69 


the  diameter  of  the  same  after  the  connection  shall  not  be  less  than 
two  inches. 

All  anti-siphon  or  vent  pipes  of  water  closets  shall  be  connected 
in  the  bend  beneath  the  floor  as  near  as  possible  to  the  water  closet. 
The  highest  water  closet  or  sink,  when  within  three  feet  of  main 
soil  pipe  may  be  put  in  without  anti-siphon  vent  pipe. 

All  water  closets  and  slop  hoppers  within  a  building,  using 
lead  connections,  shall  have  a  cast  brass  flange,  not  less  than  three- 
sixteenths  of  an  inch  in  thickness  soldered  to  the  lead  pipe  and 
the  joint  made  with  a  putty  of  equal  parts  of  white  and  red  lead, 
bolted  to  the  closet. 

If  the  necessary  position  of  a  trap  causes  ventilation  of  the 
same  to  be  impracticable,  a  special  permit  may  be  granted  to  use 
an  approved  form  of  non-siphon  trap,  if  in  the  judgment  of  the 
inspector  of  buildings  and  the  inspector  of  plumbing  such  an  ar¬ 
rangement  is  necessary  or  advisable.  In  no  other  case  shall  a 
trap  be  placed  without  ventilation  as  provided  above.  Forms  of 
non-siphon  traps,  and  of  water  closets  that  may  be  used  are  at  all 
times  subject  to  the  regulations  of  the  board  of  health. 

VENTILATING  PIPES. 

Section  13.  Air  pipes  shall  run  as  direct  as  practicable  and 
shall  have  such  continuous  slope  as  to  avoid  collecting  water  by 
condensation.  Two  or  more  air  pipes  may  be  connected  as  pro¬ 
vided  in  section  12.  They  may  be  continued  directly  to  and  through 
the  roof,  when  the  diameter  shall  not  be  less  than  three  inches 
and  its  opening  shall  be  subject  to  the  same  regulations  as  pro¬ 
vided  for  soil  pipe  openings  in  section  8.  Instead  of  extending 
through  the  roof,  air  pipes  may,  if  favorably  located,  be  connected 
with  the  soil  pipe  above  the  highest  fixture  discharging  into  the  same. 

Sewer,  soil  or  waste  pipe  ventilators,  shall  not  be  constructed 
of  brick,  sheet  metal,  or  earthen  ware,  and  chimney  flues  shall  not 
be  used  as  such  ventilators. 

LOCAL  VENT. 

Section  14.  Every  water  closet  shall  be  provided  with  a 
separate  local  vent  unless  otherwise  permitted  in  the  approved  plans 
and  specifications.  The  material  of  such  vent  shall  be  copper, 


70 


REVISED  ORDINANCES 


galvanized  iron,  or  cast  iron,  and  its  diameter  shall  not  be  less  than 
two  inches.  It  shall  be  carried  upward  and  into  a  heated  flue,  if  one 
is  provided  for  the  purpose,. and  if  there  is  no  heated  flue  it  shall  be 
entered  into  the  kitchen  chimney  at  a  point  to  be  approved  by 
the  inspector.  An  exception  to  the  foregoing  may  be  made 
when  several  closets  are  set  close  together  in  the  same  apartment, 
the  local  vents  may  be  connected  together  before  entering  the 
flue  or  chimney.  The  diameter  for  one  closet  to  be  not  less  than 
two  inches,  for  two  and  not  more  than  four  closets  three  inches,  and 
for  any  number  exceeding  four  closets  a  proportionally  increased 
diameter. 

SIZE  OF  WASTE. 

Section  15.  When  two  and  not  more  than  six  fixtures, 
such  as  sinks,  bowls,  baths  or  wash  trays  are  used  on  one  line,  the 
waste  pipe  must  be  of  cast  iron,  and  not  less  than  two  inches  in 
diameter;  for  any  number  exceeding  six  the  waste  pipe  shall  have 
a  diameter  of  not  less  than  three  inches.  No  pipe  less  than  one  and 
one-fourth  inches  in  diameter  shall  be  used  for  waste,  vent  or  flush 
pipes. 

NUMBER  OF  CLOSETS. 

Section  16.  There  shall  be  in  all  houses,  blocks,  or  buildings 
for  the  employment  of  labor  a  separate  water  closet  for  each  tene¬ 
ment,  and  at  least  one  water  closet  for  every  twenty-five  persons 
living,  occupying  or  being  employed  therein,  conveniently  located 
and  constanly  supplied  with  water. 

WATER  CLOSET  TANK. 

Section  17.  Every  water  closet  hereafter  constructed  shall 
be  supplied  with  water  from  a  special  tank  or  cistern  not  used  for 
any  other  purpose,  and  holding  not  less  than  five  gallons,  unless 
permission  has  been  first  obtained  from  the  board  of  health  to  use 
other  fixtures.  The  closet  shall  in  all  cases  be  separately  and 
independently  connected  with  the  general  or  common  drain  of  the 
house.  The  use  of  the  pan  or  plunger  closet  is  prohibited. 

When  necessary  to  renew  any  fixture  from  local  cause,  and  all 
other  parts  of  the  house  plumbing  are  in  good  condition,  such  fixture 
of  approved  make  may  be  substituted  without  additional  venti- 


PLUMBING 


71 


lation  or  alteration  of  the  sewer  system,  by  special  permission  of 
the  board  of  health.  After  such  fixture  has  been  placed  the  smoke 
or  other  test  if  directed,  to  be  applied  to  the  entire  plumbing  of 
the  building. 

WATER  CLOSETS  IN  HOUSES. 

Section  18.  Water  closets  must  never  be  placed  in  an  un¬ 
ventilated  room  or  compartment.  They  shall,  when  practicable 
be  located  in  an  apartment  with  a  window  of  suitable  dimensions 
leading  directly  to  the  outer  air.  When  otherwise  located  the  apart¬ 
ment  must  be  supplied  with  a  suitable  ventilating  shaft  or  air  duct, 
which  shaft  must  not  be  used  to  ventilate  habitable  rooms.  The 
space  in  and  around  water  closets,  bath  tubs  and  wash  bowls  shall 
not  be  inclosed  by  wood  work,  but  shall  remain  open  and  exposed 
to  view,  except  that  a  closet  may  be  made  under  a  wash  bowl, 
when  provided  with  a  suitable  door. 

.JOINTS. 

Section  19.  All  joints  in  iron  pipe  must  be  packed  with 
oakum,  run  full  with  molten  lead,  thoroughly  calked  and  made 
tight.  Lead  shall  not  be  less  than  one  and  one-half  inches  deep, 
and  no  paint  or  putty  shall  be  applied  to  the  same  until  it  has  been 
tested.  All  joints  in  tile  pipe  shall  be  thoroughly  filled  with  hy¬ 
draulic  cement  after  the  pipe  is  in  its  final  position,  and  the  joint 
shall  be  wiped  inside  to  a  smooth  surface,  offering  a  free  flow  to  the 
sewage.  No  obstruction  shall  be  left  inside  the  pipe  when  connec¬ 
tion  is  made  with  the  iron.  No  tile  shall  be  used  inside  the  building 
as  provided  in  section  5. 

Every  joint  in  lead  pipe  shall  be  made  in  a  solder,  and  wiped 
joints  are  to  be  used  where  practicable.  Every  joint  connecting 
lead  pipe  with  iron  pipe  shall  be  made  with  extra  heavy  brass 
ferrule  of  the  same  size  as  the  lead  pipe,  set  in  the  hub  of  the  branch 
of  the  iron  pipe  and  calked  with  lead,  the  lead  pipe  to  be  attached 
to  the  brass  ferrule  by  a  wiped  solder  joint  when  practicable. 

RAIN  WATER  LEADERS. 

Section  20.  All  rain  water  leaders,  when  connected  with 
the  house  system,  shall  be  suitably  trapped,  and  when  within  a 


72 


REVISED  ORDINANCES 


building  shall  be  of  a  size  not  less  than  the  pipe  which  conducts 
the  water  from  the  roof.  When  two  or  more  are  connected  together 
the  diameter  shall  be  correspondingly  increased;  leaders  shall  be 
connected  with  the  main  soil  pipe  at  such  place  as  is  approved  by 
the  inspector,  which  place  shall  be  in  front  of  all  connections  to 
which  fixtures  are  attached  if  practicable.  No  rain  water  conductor 
shall  be  used  as  a  soil,  waste  or  vent  pipe,  nor  shall  any  soil,  waste 
or  vent  pipe  be  used  as  a  rain  water  conductor. 

SOIL  PIPE  TRAP. 

Section  21.  The  soil  pipe  from  where  it  enters  the  building 
to  the  roof  shall  be  of  diameter  not  less  than  four  inches,  provided, 
however,  that  soil  pipe  of  not  less  than  three  inches  in  diameter 
may  be  used  when  in  the  judgment  of  the  inspector  of  plumbing 
and  the  inspector  of  buildings  it  is  advisable. 

Beyond  all  house  connections,  close  to  and  inside  the  cellar 
wall  the  soil  pipe  or  house  drain  shall  be  provided  with  a  trap  the 
same  size  as  the  drain ;  said  trap  to  be  furnished  with  a  four-inch 
brass  screw  clean-out  with  packing,  made  gas  and  air  tight.  The 
hand  hold  shall  be  on  the  house  side  of  the  trap.  There  shall  be  no 
other  trap  on  the  soil  pipe,  nor  shall  this  one  be  placed  near  the  foot 
of  the  vertical  portion  thereof.  Its  setting  shall  not  have  an  in¬ 
clination  to  injure  the  seal  of  the  trap.  The  trap  may  be  placed 
outside  the  cellar  wall  by  building  about  it  a  man-hole  to  make 
it  always  accessible.  It  must  be  protected  from  frost. 

FRESH  AIR  INLET. 

Section  22.  There  shall  be  a  fresh  air  inlet  of  not  less  than 
four  inches  diameter,  entering  the  drain  between  the  trap  described 
in  section  21,  and  all  house  connections.  The  fresh  air  inlet  shall 
enter  said  drain  within  two  feet  of  said  trap,  and  shall  be  connected 
with  the  outer  air  at  a  suitable  distance  from  the  nearest  window  or 
door,  and  where  it  cannot  contaminate  the  cold  air  box  of  the 
furnace.  Air  shall  have  free  access  thereto,  but  the  pipe  shall  be 
protected  by  grating  or  otherwise  from  dirt  and  obstructions. 

REFRIGERATOR  WASTE  PIPES. 

Section  23.  Waste  pipes  from  refrigerators  or  other  recep¬ 
tacles  in  which  provisions  are  stored  shall  not  be  connected  with 


PLUMBING 


78 


drain,  soil  or  waste  pipes,  unless  such  waste  pipes  are  provided 
with  traps  suitably  ventilated;  and  in  every  case  there  shall  be  an 
open  tray  or  sink  between  the  trap  and  refrigerator. 

STEAM  EXHAUST. 

Section  24.  No  steam  exhaust,  blow-off  or  drip  pipe  shall 
connect  with  the  sewer,  house  drain,  rain  water  conductor,  soil, 
waste  or  vent  pipe  unless  it  first  discharge  into  a  suitable  tank  or 
condenser.  Said  condenser  to  be  provided  with  a  vent  leading 
from  its  dome  to  the  outer  air  of  a  capacity  not  less  than  the  ag¬ 
gregate  capacity  of  all  the  pipes  discharging  into  it.  The  said 
condenser  may  by  proper  connection  and  by  special  permit  be  al¬ 
lowed  to  discharge  into  the  sewer;  but  such  connection  shall  be 
made  on  the  sewer  side  of  the  running  trap. 

GREASE  TRAP. 

Section  25.  A  suitable  grease  trap  whenever  required  must 
be  placed  under  the  sink  of  every  hotel,  restaurant,  eating  house 
or  other  cooking  establishment,  and  be  easily  accessible  for  inspec¬ 
tion  and  cleaning. 

INSPECTION. 

Section  26.  No  person  shall  cover  or  conceal  any  part  of 
the  work  until  after  it  has  been  examined  and  approved  by  the 
inspector  of  plumbing.  When  the  work  is  sufficiently  advanced 
for  the  water  pressure  test  the  plumber  in  charge  shall  send  notice 
of  the  same  to  the  inspector,  in  writing,  on  blanks  furnished  by  the 
city.  This,  or  such  other  test  as  shall  be  approved  by  the  city 
engineer  and  inspector  of  buildings,  shall  be  made  within  three  days 
from  the  time  of  receiving  such  notice,  and  sooner  if  possible.  As 
much  of  the  work  as  practicable  shall  be  completed  before  making 
this  test.  All  pipes  tested  must  be  in  their  final  position  with  per¬ 
manent  hangers,  clamps  or  supports.  The  plumber  in  charge  of 
the  work,  after  having  securely  closed  all  openings  except  at  the 
top  shall  make  said  test  in  the  presence  of  and  under  the  direction 
of  said  inspector.  The  pipe  shall  remain  under  pressure  such  time 
as  required  by  the  inspector;  not  to  exceed  three  hours.  All  de¬ 
fective  joints  must  be  made  tight,  and  all  defective  pipe  removed 


74 


REVISED  ORDINANCES 


and  replaced  by  sound  pipe  within  ten  days  from  the  time  of  their 
rejection. 

When  the  entire  plumbing  work  has  been  completed  the  plumber 
must  make  application  for  final  inspection,  in  writing,  on  blanks 
furnished  by  the  city.  The  plumber  must  not.  leave  the  work  until 
such  inspection  has  been  made  by  the  smoke  test  or  such  other  ap¬ 
proved  method  as  may  be  considered  necessary.  No  fitting  shall 
be  covered,  nor  the  system  used  until  such  inspection  has  been 
made.  Upon  the  satisfactory  completion  of  the  work  the  inspector 
of  plumbing  shall  issue  a  certificate  of  approval  to  the  owner  of  the 
premises  or  to  his  duly  authorized  agent.  Such  certificate  shall 
also  be  filed  in  the  office  of  the  inspector  of  buildings. 

Any  such  system,  put  in  and  covered  without  due  notice  to 
the  plumbing  inspector  must  be  uncovered  for  examination,  at  the 
direction  of  said  inspector.  If  the  plumber  in  charge  fails  to  do 
this  it  becomes  the  duty  of  the  inspector  of  plumbing  to  uncover 
such  as  shall  be  necessary  for  the  examination. 

It  shall  be  in  order  at  any  time  during  the  progress  of  the  work 
for  the  inspector  of  buildings  or  the  inspector  of  plumbing  to  examine 
and  approve  or  reject  any  portion  of  the  same  that  shall  be  found 
not  in  accordance  with  the  approved  plans  and  specifications  or 
whose  execution  is  found  not  consistent  with  good  workmanship. 

GENERAL. 

Section  27.  All  plumbing  fixtures  in  the  building  shall  have 
proper  connection  with  the  house  drain,  and  all  pipes  must  have  a 
downward  inclination  to  the  drain  or  sewer  of  not  less  than  one- 
fourth  inch  to  the  foot.  Greater  inclinations  shall  be  given  if 
practicable.  Soil  pipes  from  water  closets  shall  be  not  less  than 
four  inches  in  diameter. 

CONNECTION. 

Section  28.  When  practicable,  the  waste  pipes  from  all 
fixtures  except  water  closets  shall  be  connected  with  the  soil  pipe 
above  the  nearest  water  closet  connection,  and  no  such  waste  pipe 
shall  discharge  into  the  discharge  pipe  of  any  closet  between  said 
closet  and  the  soil  pipe  unless  such  junction  be  made  in  the  most 


PLUMBING 


75 


favorable  position,  and  unless  the  trap  of  such  waste  pipe  be  properly 
ventilated. 

DRIPS— OVERFLOW  PIPES. 

Section  29.  Drip  or  overflow  pipes  from  safes  under  fixtures 
or  from  tanks  shall  be  run  into  some  open  space  where  they  may 
be  seen,  and  in  no  case  shall  any  such  pipe  be  connected  with  any 
soil  or  waste  pipe. 

CAST  IRON  PIPE  COATING. 

Section  30.  All  cast  iron  pipe  used  shall  be  sound,  free  from 
holes,  and  of  uniform  thickness  in  any  cross-section.  Before  being 
connected  it  shall  be  thoroughly  coated,  inside  and  out,  with  coal- 
tar  pitch  varnish  applied  hot  by  immersion,  or  with  some  equivalent 
substance  satisfactory  to  the  inspector  of  buildings. 

PRIVY  VAULTS  OR  CESSPOOLS. 

Section  31.  No  person  or  persons  shall  hereafter  construct 
a  privy  vault  within  the  limits  of  the  city,  on  any  lot  or  premises 
where  there  is  a  sewer  in  any  street  or  alley  adjoining  such  lot  or 
premises.  In  any  locality  where  sewer  is  not  accessible  a  privy 
vault  or  cesspool  if  built  shall  conform  to  the  regulations  prescribed 
by  the  board  of  health.  If  no  regulation  of  said  board  relates 
thereto,  the  location,  size  and  construction  of  said  vault  or  cesspool 
shall  be  subject  to  the  approval  of  the  inspector  of  buildings  and  the 
inspector  of  plumbing.  Plans  and  specifications  for  the  same  shall 
be  included  in  the  plans  and  specifications  for  the  house  plumbing 
as  provided  in  these  regulations. 

TANK  VALVES. 

Section  32.  All  tanks  erected  after  the  approval  of  these 
regulations  shall  be  of  suitable  dimensions  and  provided  with  the 
most  approved  ball  cocks  and  floats,  capable  of  withstanding  the  pres¬ 
sure  to  which  they  may  be  subjected,  and  valves  which  shall  con¬ 
duct  a  copious  supply  of  water  at  all  times  to  the  fixtures  which  they 
serve. 

Section  33.  These  regulations  shall  not  be  operative  over 
that  portion  of  the  city  other  than  the  area  included  within  the  fire 


76 


REVISED  ORDINANCES 


limits,  as  established  by  the  city  council,  except  such  portion  thereof 
as  the  regulations  of  the  board  of  health  shall  make  obligatory 
upon  said  otherwise  exempted  districts. 

EXCEPTIONS. 

Section  34.  Any  fixture  or  set  of  fixtures  not  provided  for 
in  these  regulations  shall  require  the  unanimous  approval  in  writing 
of  the  board  of  health,  the  inspector  of  buildings  and  the  inspector 
of  plumbing.  An  exception  to  any  one  of  these  regulations  shall 
require  the  same  approval.  It  shall  be  made  only  in  a  special  case, 
and  then  only  when  considered  necessary  or  advisable  by  those  so 
approving. 

PENALTY. 

Section  35.  The  penalty  for  violating  any  of  these  provisions 
or  regulations  of  this  ordinance  shall  be  as  provided  in  section  8, 
chapter  103  of  the  Revised  Laws. 


BUILDING 


77 


CHAPTER  9. 

ERECTION,  REPAIR  AND  CONSTRUCTION  OF  BUILDINGS. 

Section  1.  This  chapter  regulating  the  erection,  alteration, 
repairing  and  construction  of  buildings  applies  to  the  fire  limits 
which  the  city  council  may  from  time  to  time  establish,  divided  into 
two  sections  and  classed  respectively  district  A  and  district  B.  The 
area  known  as  district  A  is  bounded  and  described  as  follows,  viz. : 
Beginning  at  a  point  in  the  center  of  the  south  branch  of  the  Hoosac 
river  where  the  same  is  intersected  by  a  line  parallel  with  and 
one  hundred  feet  southerly  from  the  southerly  line  of  Summer  street, 
produced  to  meet  the  center  line  of  said  river;  thence  easterly 
along  said  line  parallel  with  and  one  hundred  feet  southerly  from 
the  southerly  line  of  Summer  street  to  its  intersection  with  the  center 
line  of  Church  street;  thence  along  the  center  of  Church  street,  north¬ 
westerly  to  the  center  line  of  East  Main  street;  thence  easterly  along 
the  center  of  E.  Main  street  to  a  point  in  the  center  of  Pleasant  street 
or  that  which  is  more  commonly  known  as  Miner  street;  thence 
northeasterly  along  the  center  line  on  Miner  street,  so  called,  to  a 
point  in  the  center  of  Union  street;  thence  westerly  along  the  cen¬ 
ter  line  of  said  Union  street  to  a  point  in  the  center  of  the  north 
branch  of  the  Hoosac  river;  thence  along  the  center  line  of  said 
north  branch  down  stream  to  its  intersection  with  the  center  line 
of  the  south  branch  of  the  Hoosac  river;  thence  southeasterly  along 
the  said  center  line  of  said  south  branch  of  stream  to  the  place  of 
beginning. 

Any  building  any  part  of  which  is  upon  or  is  intended  to  be 
placed  upon  the  area  above  described  shall  be  subject  to  the  pro¬ 
visions  of  this  chapter  which  apply  to  district  A.  District  B  shall 
include  all  that  area  within  the  fire  limits  that  is  not.  included  in 
district  A. 


78 


REVISED  ORDINANCES 


Section  2.  The  following  terms  shall  have  the  meanings 
respectively  assigned.  “Alteration/'  means  any  changes  or  addition 
or  additions.  “Basement,”  means  a  cellar  or  story  of  which  one- 
half  or  more  of  its  height  from  floor  to  ceiling  is  below  the  level  of 
the  street  or  ground  adjoining.  “Building,”  means  any  structure 
eight  feet  or  more  in  height  and  covering  one  hundred  square  feet  or 
more  of  ground.  “Buildings  of  class  one,”  means  buildings  of  fire¬ 
proof  construction  throughout.  “Buildings  of  class  two,”  means 
buildings  with  external  and  party  walls  of  brick,  stone,  iron  or  other 
equally  substantial  or  non-combustible  material.  “Buildings  of 
class  three,”  means  all  buildings  not  included  in  classes  one  or 
two.  “External  wall,”  means  every  outer  wall  of  a  building  other 
than  a  party  wall.  “Footings,”  means  a  projecting  bottom  course 
of  walls.  “Foundations,”  means  the  beds  upon  which  piers, 
columns,  chimneys,  etc.,  rest.  “Foundation  wall,”  means,  for  ex¬ 
ternal  walls,  that  portion  below  the  street  or  ground  adjoining,  and 
for  party  or  partition  walls,  that  portion  below  the  basement  bot¬ 
tom.  “Party  wall,”  means  every  wall  used,  or  built  to  be  used,  as 
a  separation  of  two  or  more  buildings.  “Partition  wall,”  means  any 
interior  wall  of  masonry.  “Repairs,”  means  the  reconstruction  or 
renewal  of  a  building  damaged  by  fire  or  other  cause.  “Story,” 
means  any  horizontal  portion  through  a  building  between  floor  and 
ceiling  timbers  above  the  basement;  or  a  loft  occupied  or  designed 
to  be  occupied;  and,  so  far  as  relating  to  construction,  every  man¬ 
sard  or  other  roof  having  a  pitch  of  thirty  degrees  from  level  or  more, 
if  the  inspector  so  determine.  “Thickness  of  walls,”  means  the 
thickness  exclusive  of  spaces,  and  ashlar,  unless  it  is  eight  inches  or 
more  in  thickness,  in  which  case  the  excess  over  four  inches  may 
be  reckoned.  “Inspector,”  means  the  city  engineer  and  in¬ 
spector  of  buildings  of  the  city  of  North  Adams,  Massachusetts. 

Section  3.  Every  building  hereafter  erected  in  “district  A” 
shall  be  constructed  in  accordance  with  the  provisions  for  buildings 
of  classes  one  and  two,  unless  a  special  permit  is  granted  as  provided 
in  section  4  of  this  chapter. 

The  alteration  or  repair  of  any  building  in  district  A  shall  be 
subject  to  the  same  conditions  and  regulations  as  prescribed  in  this 
section  for  construction;  provided,  however,  that  any  building  or 


BUILDING 


79 


structure  which  may  be  damaged  by  fire  or  otherwise,  to  an  extent 
not  exceeding  fprty  per  cent,  of  its  value,  may  be  repaired  and  put 
Dnly  in  its  original  condition  under  the  direction  and  supervision 
nf  the  inspector  of  buildings. 

Section  4.  No  person,  firm,  or  corporation  shall  erect,  alter 
Dr  repair  any  building  within  the  fire  limits  as  described  in  section  1, 
except  in  conformity  with  the  provisions  of  this  chapter,  unless  a 
special  permit  is  granted  otherwise  by  vote  of  the  city  council  and 
approved  by  the  mayor.  No  person,  firm  or  corporation  shall  begin 
to  erect,  alter  or  repair  any  building  within  said  fire  limits  without 
having  first,  if  in  district  A,  filed  a  copy  of  plans  and  specifications 
with,  or  if  in  district  B,  submitted  a  copy  .of  plans  and  specifications 
to  the  inspector  and  obtained  his  permit  therefor;  provided,  how¬ 
ever,  that  any  building  by  or  for  the  county,  state,  or  the  United 
States  shall  be  exempt  from  such  provision. 

Permits  shall  be  granted  or  refused  within  five  (5)  days  after 
:he  application  and  submission  of  plans  and  specifications. 

Every  permit  shall  be  considered  cancelled  if  active  work  is 
lot  commenced  upon  the  building  within  a  period  of  six  months, 
md  the  permit  shall  expire  by  limitation  if  the  building  is  not 
completed  within  a  period  of  one  year  from  the  date  of  its  issue. 

Nothing  in  this  section  shall  be  construed  to  prevent  the  in¬ 
spector  of  buildings  from  granting  a  permit  for  the  erection  of  any 
Dart  of  a  building,  or  any  part  of  a  structure,  when  plans  and  de¬ 
railed  statements  have  been  presented  for  the  same  before  the  entire 
Dlans  and  detailed  statements  of  said  building  or  structure  have 
oeen  submitted. 

Section  5.  Buildings  of  class  1  shall  consist  of  non-com- 
Dustible  material  throughout,  except  that  wood  may  be  used  for 
under  and  upper  floors,  sleepers  and  furring  blocks  bedded  in  con¬ 
crete  or  plaster,  window  and  door  frames,  sashes,  doors,  standing 
finish,  ceilings  and  hand  rail  of  stairs.  All  iron  and  steel  to-  be 
fiioroughly  protected  against  fire,  and  the  construction  to  be  subject 
;o  the  approval  of  the  inspector.  All  buildings  more  than  seventy 
eet  in  height,  except  as  otherwise  provided,  shall  be  of  th's  class. 


80 


REVISED  ORDINANCES 


Section  6.  Buildings  of  class  two  shall  have  external  and  party 
walls  built  of  a  good  and  merchantable  quality  of  brick,  stone,  i 
iron  or  other  hard  and  non-combustible  material,  if  of  brick,  stone1 
or  similar  material,  it  shall  be  properly  bonded  and  laid  with  well- 
filled  joints  and  flushed  up  at  every  course  with  mortar  and  shall  not  1 
be  of  less  thickness  than  as  follows,  provided,  however,  that  no; 
story  exceeds  twelve  feet  in  height  between  timbers;  for  one-story 
buildings,  eight  inches;  for  two-story  buildings,  the  first  story 
twelve,  the  second  story  eight  inches;  for  three-story  buildings, 
the  first,  second  and  third  stories  twelve  inches;  and  for  four-story 
buildings,  the  first  story  sixteen  inches,  the  second,  third  and  fourth 1 
stories  twelve  inches,  or  as  the  inspector  in  each  case  may  otherwise 1 
direct.  If  any  external  wall  from  ground  to  first  story  floor  timbers 
exceeds  one  foot  in  height  it  shall  be  four  inches  more  in  thickness' 
than  as  above  given  for  first  stories.  For  buildings  with  stories 
of  greater  height  than  twelve  feet  between  timbers,  and  for  buildings 
of  iron  or  steel  construction,  the  thickness  of  the  walls  shall  be  as 
the  inspector  may  approve.  Party  walls  shall  be  carried  up  noF 
less  than  sixteen  inches  above  the  roof,  and  coped  with  stone, 
terra-cotta  or  metal  securely  fastened.  Provided  that  on  the1 
front  of  mansard  or  steep  roofs  they  may  be  built  up  to  the  roof 
with  boarding  well  bedded  in  mortar  and  properly  flashed  with! 
metal.  All  openings  in  party  walls  to  be  provided  with  such  fire! 
resisting  doors  as  the  inspector  may  approve. 

Every  second  class  building  hereafter  built,  except  as  herein-  : 
after  provided,  shall  have  a  sufficient  firestop  at  each  floor,  covering 
the  whole  floor  of  each  story  through  all  stud  partitions  and  extend- 
ing  to  the  masonry  walls.  Every  air  duct,  except  those  expressly  I 
sanctioned  by  this  act,  shall  be  effectually  stopped  at  each  story.; 
Every  such  fire-stop  shall  consist  of  a  solid,  air-tight  cohesive  layer,  ( 
at  least  one  inch  thick,  of  tile,  brick,  terra-cotta  or  like  fire-made 
material,  plaster,  cement,  cinder  or  ashes,  or  of  a  combination  of  j 
the  same,  or  of  equally  non-inflammable,  non-heat  conducting 
materials  laid -between  the  upper  and  under  floors,  or  occupying: 
all  the  space  between  the  timbers  under  the  under  floor;  provided, 
that  all  second  class  buildings  hereafter  erected,  of  forty-five  feet  ; 
or  more  in  height,  which  are  used  above  the  first  floor  as  storage 


BUILDING 


81 


stores,  warehouses  or  stores  for  the  storage  and  sale  of  merchandise, 
shall  have  a  tight  splined  or  tongued  and  grooved  under-floor  of 
at  least  two  inch  plank,  with  an  upper  floor  one  inch  thick,  matched 
and  breaking  joints,  and  in  such  building  fire-stops  need  not  be 
used.  The  foot  of  each  partition,  and  of  each  tier  of  studding  or 
furring,  shall  be  filled  solid  between  the  uprights  to  the  full  width 
thereof,  and  to  the  height  of  six  inches  above  the  floor,  with  the  same 
incombustibles  as  above  prescribed  for  fire-stops  or  some  combina¬ 
tion  thereof.  The  spaces  between  such  parts  of  floor-joists  as  rest 
above  partition  heads  shall  be  filled  with  the  materials  above  re¬ 
quired.  The  spaces  between  stringers  of  stair  cases  and  joists  of 
landings,  unless  unsealed,  shall  be  so  stopped  with  some  of  the  in¬ 
combustibles  above  mentioned,  at  three  places  at  least  in  ever 
flight  of  stairs,  as  to  prevent  the  passage  of  air. 

Section  7.  Foundation  walls  shall  rest  upon  solid  ground 
not  less  than  four  feet  and  six  inches  below  the  surface  exposed  to 
frost,  or  upon  concrete,  piles  or  other  durable  substance  of  suitable 
depth.  For  buildings  of  class  one  and  walls  built  of  block  stone 
laid  in  horizontal  courses  or  of  brick  laid  in  mortar,  the  thickness 
shall  be  such  as  the  inspector  may  approve.  If  built  of  rubble 
stone,  for  buildings  of  class  two  of  two  stories,  and  for  class  three 
of  three  stories  in  height,  the  thickness  shall  be  not  less  than  eigh¬ 
teen  inches  at  the  top  and  twenty-four  inches  at  the  bottom  and 
an  additional  four  inches  in  thickness  for  each  additional  story  in 
height,  and  such  other  additional  thickness  as  the  inspector  deems 
the  circumstances  may  require,  all  to  be  of  good  quality  of  stone 
well  bonded  and  laid  solid  in  mortar.  The  thickness  of  foundation 
walls  of  all  buildings,  and  the  size,  shape  and  quality  of  the  stone 
or  other  material  used  in  their  construction  shall  be  as  approved 
by  the  inspector  of  buildings.  They  shall  be  so  laid  that  the  wall 
will  be  well  bonded  throughout. 

Section  8.  Footings  and  foundations,  when  the  inspector 
deems  necessary,  shall  be  of  approved  dimensions  and  quality  for 
the  superstructure  which  they  support  and  not  overload  the  material 
on  which  they  rest,  and  well  bedded. 


82 


REVISED  ORDINANCES 


Section  9.  Partition  walls  of  brick  shall  be  not  less  than 
eight  inches  in  thickness  and  if  more  than  one  story  in  height,  or  if 
used  as  supporting  partitions  their  thickness  shall  be  as  the  in¬ 
spector  directs.  Partition  walls  made  of  hollow  brick  or  terra 
cotta,  or  other  substances  and  the  structure  otherwise  supported, 
the  thickness  shall  be  as  the  inspector  may  approve,  all  to  be 
well  bonded  and  laid  in  mortar. 

Section  10.  Supports  for  all  buildings  in  basements  and 
cellars  shall  be  of  such  size,  bond,  caps  and  quality  as  the  inspector 
deems  circumstances  require. 

Section  11.  Mortar  for  all  purposes  must  be  made  of  clean, 
sharp  sand  and  fresh  cement  or  lime,  and  equal  in  richness  as  follows: 
For  below  water  level  and  heavy  carrying  piers,  one  part  cement 
to  two  parts  sand.  For  buildings  of  class  one,  block  stone  and  brick 
foundations,  ashlar  or  s.tone  external  walls,  as  the  inspector  may 
approve.  For  rubble  stone  foundation,  party  and  partition  walls 
in  basement  and  piers,  except  as  otherwise  provided,  one  part  ce¬ 
ment,  one  part  lime,  four  parts  sand.  And  for  buildings  of  class  two 
above  the  ground,  chimneys,  etc.,  rich  lime  mortar. 

Section  12.  In  every  building  hereafter  erected,  except 
churches,  schools,  halls,  manufactories  or  buildings  of  class  one, 
covering  more  than  five  thousand  square  feet  of  ground  and  exceed¬ 
ing  sixty  feet  in  width,  there  shall  not  be  more  than  fifty  feet  space 
between  the  walls,  running  from  front  to  rear,  without  introduction 
of  a  partition  wall,  which  shall  extend  above  the  roof,  and  openings 
provided  for  in  section  6  for  party  walls.  No  building  hereafter 
erected  shall  have  a  space  more  than  thirty  feet  in  width  without 
suitably  sized  columns  of  wood,  iron  or  such  other  material  as  the 
inspector  may  approve. 

Section  13.  The  ends  of  all  floor  or  roof  timbers  connecting 
with  masonry  walls  or  partitions  shall  have  a  bearing  of  not  less  I 
than  four  inches  on  each  end  and  so  shaped  that  in  case  of  fire  they  ; 
may  fall  without  injury  to  said  walls.  All  such  timbers  connecting 
with  party  walls  mentioned  in  section  12,  entering  from  opposite 
sides  shall  have  not  less  than  four  inches  of  solid  masonry  between 


BUILDING 


83 


ends  of  said  timbers.  Every  tier  of  floor  and  roof  timbers  con¬ 
necting  with  masonry  walls  shall  be  tied  to  said  walls,  and  to  each 
other  if  not  in  continuous  length,  with  wrought  iron  straps  not  less 
than  one  and  one-half  inch  in  width  and  three-eights  of  an  inch  in 
thickness,  at  least,  every  ten  feet,  securely  fastened  to  said  timbers, 
or  headers  cut  between,  or  their  equivalent.  Trimmers,  headers 
and  similar  timbers  shall  be  hung  in  iron  stirrups,  if  in  the  opinion 
of  the  inspector  circumstances  require  it  and  he  so  directs. 

Section  14.  All  new  and  renewed  floors  and  roofs  of  public 
buildings,  warehouses,  manufactories,  mercantile  and  other  buildings 
shall  be  so  constructed  as  to  carry  safely  a  weight  per  superficial 
square  foot,  exclusive  of  material  of  which  the  floor  is  composed, 
not  less  than  as  follows : 

Floors  for  mercantile  buildings,  one  hundred  and  twenty  (120) 
pounds;  for  light  manufacturing  and  light  storage,  one  hundred 
and  twenty  (120)  pounds;  for  other  manufacturing  and  heavy 
storage,  one  hundred  and  fifty  (150)  pounds,  and  upwards  in  pro¬ 
portion  to  the  loads  they  have  to  carry. 

In  each  of  these  cases  the  owner  shall  agree  and  certify  in 
writing  that  the  floors  shall  not  be  used  for  loads  greater  than  that 
for  which  the  permit  is  given,  unless  another  permit  is  obtained 
therefor  conditioned  on  a  correspondingly  increased  strength  of  floor. 

Floors  for  assembly  rooms  shall  be  proportioned  to  carry  not 
less  than  one  hundred  (100)  pounds  per  square  foot  exclusive  of 
material  used  in  construction;  for  school  buildings  or  other  places 
of  instruction,  seventy-five  (75)  pounds;  for  offices,  eighty  (80) 
pounds;  for  dwellings,  fifty  (50)  pounds;  for  stables  and  carriage 
houses,  seventy-five  (75)  pounds,  and  for  each  additional  strength 
in  proportion  to  the  load  it  is  to  carry;  for  roofs  having  a  pitch  of 
less  than  twenty  degrees,  fifty  (50)  pounds;  roofs  having  a  pitch 
of  more  than  twenty  degrees,  forty  (40)  pounds  upon  every  super¬ 
ficial  foot  measured  on  a  horizontal  plane. 

Section  15.  Roofs  of  all  buildings  hereafter  erected,  or  re¬ 
newed  in  district  A  and  such  existing  buildings  as  the  inspector 
directs;  also  such  buildings  in  district  B  as  the  inspector  deems 
necessary,  shall  be  covered  with  tin,  iron,  slate,  gravel  or  other 


84 


REVISED  ORDINANCES 


roofing  material  not  readily  inflammable.  All  roofs  of  buildings 
abutting  on  any  street  or  sidewalk  shall  be  so  guarded  as  to  prevent 
snow,  ice  or  water  falling  on  said  street  or  sidewalk. 

Section  16.  Elevator  wells  and  light  shafts,  unless  built  of 
brick,  shall  be  lined  with  metal  or  plastered  on  metallic  lathing 
and  all  doors  connecting  with  elevator  wells  must  be  fire  resisting. 
In  every  building  hereafter  erected,  all  walls,  partitions,  channels  for 
water,  gas  or  soil  pipes,  space  between  furrings  and  stair  openings, 
shall  be  so  provided  at  each  floor  or  ceiling,  as  to  make  smoke  tight 
and  prevent  the  rapid  run  of  fire,  also  the  space  within  stairs  midway 
of  stairs.  No  pipe  for  conveying  hot  air  or  steam  in  any  such  build¬ 
ing,  shall  run  through  floors  or  partitions  or  come  within  one  inch 
of  any  woodwork,  or  remain  in  any  existing  building  if  the  inspector 
so  directs,  unless  protected  by  suitable  guards  or  casings  of  non¬ 
combustible  material;  also  ceilings  over  boilers  and  furnaces  shall 
be  made  of  metal  or  plastered  or  metallic  lathing,  if  the  inspector 
so  directs. 

Section  17.  Chimneys  shall  not  be  corbelled  from  a  wall 
more  than  the  thickness  of  the  wall,  nor  shall  they  rest  upon  wood 
if  the  building  is  more  than  one  story  in  height.  In  a  one-story 
building  the  chimney  may  be  set  on  wooden  posts  if  the  inspector 
so  permits,  provided  the  supports  for  and  construction  of  the  chimney 
are  as  he  approves.  All  chimneys  shall  be  built  of  brick,  stone  or 
other  non-combustible  material. 

Of  every  building  hereafter  built  in  district  A,  and  of  all  build¬ 
ings  more  than  two  stories  in  height,  the  chimneys,  if  of  brick, 
shall  have  walls  not  less  than  eight  inches;  and  chimneys  of  stone 
or  other  material  shall  have  walls  not  less  than  eight  inches  with 
an  additional  brick  lining  of  not  less  than  four  inches  in  thickness 
unless  fire  clay  or  tera  cotta  linings  are  used,  in  which  case  four 
inches  of  thickness  of  walls  may  be  omitted.  All  other  chimneys 
except  in  buildings  heretofore  provided  for  shall  have  walls  not  less 
than  four  inches,  if  of  brick,  and  if  of  stone  or  other  material,  such 
thickness  as  the  inspector  may  approve.  All  chimneys  shall  be 
laid  with  as  close  joints  as  practical,  well  filled  with  mortar,  nicely 
struck  inside  and  outside,  and  shall  be  plastered  outside  whenever 


BUILDING 


85 


concealed.  No  flue  shall  have  a  cross  section  of  less  area  than  the 
aggregate  of  cross  sections  of  smoke  pipes  entering  it  unless  the 
inspector  so  directs.  In  no  case  shall  a  chimney  be  carried  so  as  not 
to  be  self  supporting  unless  provided  with  fire  clay  or  terra  cotta 
linings.  In  all  cases  the  ends  of  the  lining  pieces  shall  be  made  to 
fit  in  close  joint;  the  lining  shall  be  built  in  as  the  flue  is  carried  up, 
and  such  lining  shall  be  continued  to  the  top  of  the  chimney.  All 
smoke  pipes  passing  through  furring  spaces,  wood  partitions, 
closets,  floors,  etc.,  shall  be  provided  with  sufficient  soap-stone 
collars,  or  ventilated  space  thimbles  or  pipes.  No  smoke  pipe  shall 
extend  through  the  external  wall,  side,  roof,  or  window  of  any 
building.  No  furring  or  woodwork  shall  be  nailed  to  chimneys. 
All  chimneys  shall  extend  at  least  three  feet  above  the  highest  point 
of  contact  with  the  roof,  and  higher  if  the  inspector  so  directs. 
Depositories  for  ashes  in  the  interior  of  any  building  shall  be  of 
incombustible  material,  and  in  no  case  shall  wooden  ash-chutes  be 
used.  In  case  any  chimney  in  existing  buildings  is,  in  the  opinion 
of  the  inspector,  dangerous  or  unsafe,  the  inspector  shall  notify 
the  owner  or  person  in  charge  and  the  same  shall  be  made  safe  at 
once. 

Section  18.  All  hearths  shall  be  supported  by  trimmer  arches 
of  brick  or  stone,  or  be  of  single  stone  at  least  four  inches  thick,  or 
by  masonry  built  on  iron  lintels.  The  brick  jambs  and  backs  of 
all  fire-places,  grate  or  range  openings  shall  be  not  less  than  eight 
inches  in  thickness.  Brick- work  over  fire-places  or  grate  openings 
shall  be  supported  by  suitable  iron  lintels  or  brick  or  stone  arches. 
In  all  cases  the  protection  from  fire  shall  be  satisfactory  to  the  in¬ 
spector  of  buildings  and  the  chief  engineer  of  the  fire  department. 

Section  19.  Every  building  hereafter  erected,  or  existing 
building  in  which  operatives  are  employed  above  the  second  story 
and  every  building  more  than  two  stories  in  height  and  occupied 
or  designed  to  be  occupied  above  the  second  story  as  a  tenement, 
or  as  sleeping  rooms  shall  be  provided  with  such  stairways  or  fire- 
escapes  as  the  inspector  may  approve  or  direct. 

Section  20.  The  inspector  or  his  authorized  assistant,  shall 
examine  all  buildings  in  process  of  erection,  alteration  or  repair 


86 


REVISED  ORDINANCES 


as  often  as  practical  and  existing  buildings  as  soon  as  may  be  after 
the  passage  of  this  ordinance  if  deemed  by  him  as  coming  within  its 
provisions,  and  for  that  purpose  he  shall  have  the  right  of  entry 
thereto,  and  shall  make  a  record  of  all  violations  together  with  the 
location  of  the  buildings,  the  names  of  the  owners,  occupants 
architect  and  master  mechanic  and  all  other  matters  relating  thereto. 

In  the  erection,  alteration  or  repair  of  any  building  no  part 
of  the  same  shall  be  concealed  until  it  has  been  examined  and  ap¬ 
proved  by  the  inspector  or  his  authorized  assistant. 

The  builder  in  charge  of  construction  or  the  owner  of  the 
premises  shall  give  notice  to  the  inspector  whenever  any  parts  are 
ready  for  inspection,  if  those  parts  are  to  be  covered  in  the  further 
construction  of  the  building.  The  inspector  shall  respond  promptly 
and  in  no  case  shall  the  inspection  be  delayed  more  than  twenty 
four  hours  after  such  notice  has  been  received. 

If,  in  the  construction  of  any  building,  parts  thereof  have  been 
covered  without  inspection  and  approval,  it  shall  be  in  order  for  the 
inspector  to  cause  the  removal  of  such  covering  as  may  be  necessary 
for  said  inspection,  and  to  charge  to  the  owner  of  the  premises 
all  expense  arising  from  such  removal.  Any  faulty  construction 
that  shall  be  thus  found  to  exist  shall  be  subject  to  the  same  pro¬ 
cedures  as  other  violations  of  the  provisions  of  this  chapter. 

Any  violations  of  the  provisions  of  this  chapter,  or  the  con¬ 
ditions  for  the  erection,  repair  or  alteration  of  any  building,  shall 
be  reported  to  the  owner  of  the  premises  or  to  his  duly  authorized 
agent.  In  case  he  fails  to  correct  such  violations  at  once,  the  same 
shall  be  reported  to  the  city  solicitor. 

Section  21.  Whoever  violates  any  provision  or  provisions 
of  this  chapter  shall  be  liable  to  a  fine  not  exceeding  one  hundred 
dollars  ($100). 


STREETS,  WAYS  OR  HIGHWAYS 


87 


CHAPTER  10. 

LAYING  OUT,  LOCATING  ANEW,  ALTERING  OR  DISCONTINUING  STREETS, 

WAYS  OR  HIGHWAYS. 

Section  1.  Petitions  for  the  laying  out  of  a  street,  or  for 
altering,  locating  anew  or  discontinuing  of  any  existing  street, 
way  or  highway,  within  the  city  limits,  shall  be  presented  to  the 
city  council  at  a  regular  meeting.  In  all  cases  except  where  a  street 
is  to  be  discontinued  the  petition  must  be  accompanied  by  a  profile 
of  the  same  and  by  a  description  defining  clearly  and  accurately 
the  lines  bounding  said  proposed  street,  and  also  a  map  showing 
such  boundary  lines  and  the  position  of  the  monuments  which 
mark  the  same,  and  stating  plainly  both  in  words  and  in  figures  the 
width  of  the  proposed  street  and  the  magnetic  bearings  of  the  boun¬ 
dary  lines.  The  said  petition  shall  also  include  a  list  of  abutting 
property  owners  so  far  as  known.  If  the  city  council  refer  such 
petition  to  a  committee,  the  said  committee  may,  if  it  so  elects, 
direct  the  city  engineer  to  make  examination  of  the  lines  and  monu¬ 
ments  as  indicated  on  the  said  map  and  report  to  it  over  his  own 
signature  his  findings  together  with  such  suggestions  as  may  seem 
to  him  fitting. 

Section  2.  No  street  shall  be  laid  out  by  the  city  council 
of  a  width  less  than  forty  feet  unless  upon  the  written  recommen¬ 
dation  of  the  committee  of  the  city  council,  to  which  such  petition  is 
referred,  the  commissioner  of  public  works  and  the  city  engineer 
that  such  width  is  not  practicable,  in  which  case  a  street  not  less 
than  thirty-three  feet  in  width  may  be  laid  out. 

Section  3.  No  street  shall  be  laid  out  unless  the  abutters 
shall  have  released  to  the  city  without  compensation  the  necessary 
land,  nor  until  a  grade  shall  have  been  established  satisfactory  to  the 
city  engineer  and  the  commissioner  of  public  works  and  the  surface 


88 


REVISED  ORDINANCES 


of  said  proposed  street  has  been  reduced  to  the  grade  so  established. 
This  section,  however,  shall  not  apply  to  proceedings  instituted 
and  had  under  the  provisions  of  law  relating  to  the  assessments  of 
betterments. 

Section  4.  The  committee  of  the  city  council,  to  which  such 
petition  is  referred  may  direct  the  city  engineer  to  make  survey  for 
and  to  recommend  a  grade  for  such  proposed  street.  No  grade  for 
any  street  shall  be  adopted  until  a  notice  in  writing  has  been  sent 
by  the  city  engineer  to  each  owner,  if  known,  of  property  abutting 
on  said  proposed  street,  inviting  him  to  examine  a  profile  showing 
the  same,  said  profile  to  be  on  exhibition  during  a  period  of  not 
less  than  five  days  in  the  office  of  the  city  engineer.  Said  notices 
shall  state  the  time  during  which  said  profile  shall  be  on  exhibi¬ 
tion,  also  a  time  when  said  owners  of  abutting  property  may 
state  grievances  or  make  objection  to  such  proposed  grade.  The 
board  to  hear  such  grievances  shall  consist  of  the  commissioner 
of  public  works  and  the  city  engineer.  After  such  hearing  the 
board  to  hear  grievances,  as  above  constituted,  shall  consider 
and  adopt  a  grade  for  such  proposed  street  that  shall  be  sub¬ 
mitted  to  the  city  council.  If  adopted  by  the  city  council  and 
approved  by  the  mayor  the  same  shall  be  final. 


SEWER  OR  WATER  PIPES 


89 


CHAPTER  11. 

RELATING  TO  THE  PLACING  OF  SEWER  OR  WATER  PIPES  IN  STREETS 
THAT  HAVE  NOT  BEEN  ACCEPTED  BY  THE  CITY. 

Section  1.  No  sewer  or  drain  to  connect  with  the  sewage 
system  of  the  city  or  any  part  thereof  shall  be  placed  in  any  private 
street  or  way,  or  in  any  street  or  way  that  has  not  been  accepted 
as  such  by  the  city  unless  the  location,  grade  and  alignment  of 
said  sewer  or  drain  has  been  approved  by  the  city  engineer  and 
the  construction  of  said  sewer  or  drain  placed  under  his  super¬ 
vision.  No  water  pipe  shall  be  laid  on  such  street  or  way  unless 
under  the  supervision  of  the  superintendent  of  water  works;  the 
grade  and  alignment  for  water  pipes  shall  be  established  in  the  same 
manner  as  for  sewers  and  in  either  case  shall  provide  for  grading 
the  street  to  a  surface  recommended  by  the  commissioner  of  public 
works  and  the  city  engineer;  such  recommendation  and  the  survey 
necessary  therefor  shall  precede  the  laying  of  said  pipes. 

Section  2.  It  shall  be  in  order  for  the  commissioner  of  public 
works  to  direct  the  laying  of  pipes  for  water  or  sewage  in  any  street 
or  way  that  has  not  been  accepted  as  such  by  the  city  whenever 
in  his  opinion  the  needs  of  the  people  owning  property  abutting 
on  said  street  or  way,  and  the  interests  of  the  city  are  best  served 
by  the  laying  of  such  pipes,  providing,  however,  the  conditions  pre¬ 
vail  as  stated  in  the  following  sections. 

Section  3.  A  perpetual  right  to  construct  and  forever  main¬ 
tain  or  at  any  time  repair  such  piping  for  water  or  sewage  through 
such  private  street  or  way  shall  be  granted  by  the  owner  or  owners 
thereof  to  the  city  of  North  Adams,  and  must  include  the  free  and 
unobstructed  use  of  or  use  for  the  above  mentioned  purpose  of  a 
right  of  way  whose  width  shall  be  determined  by  the  commissioner 


90 


REVISED  ORDINANCES 


of  public  works  and  owner  or  owners  of  the  property.  Such  right  of 
way  shall  not  at  any  time  be  occupied  by  any  structure  or  attach¬ 
ment  thereto;  nor  shall  the  city  of  North  Adams,  insofar  as  such 
agreement  concerns,  occupy  said  right  of  way  for  purposes  other 
than  of  construction,  maintenance  or  repair  of  said  sewer  or  water 
pipes. 

Section  4.  The  person  or  persons  owning  property  abutting 
on  said  street  or  way  must  waive  all  claims  for  damages  that  may 
be  caused  by  the  placing  or  laying  of  said  pipes  for  sewer  or  water, 
and  all  claims  for  damages  that  may  be  caused  by  the  grade  of  said 
street  or  way  as  recommended  by  the  commissioner  of  public  works 
and  the  city  engineer,  except  such  damages  as  may  be  caused  by 
incompetent  or  careless  workmanship  during  construction. 

The  city  engineer  shall  place  on  file  in  his  office  a  profile  of 
said  street  or  way  showing  the  recommended  grade  as  above  indi¬ 
cated. 

Section  5.  These  provisions  are  intended  to  apply  only  to 
those  areas  whose  use  is  for  the  common  convenience  and  travel 
of  occupants  on  either  side  of  said  way,  and  not  to  grounds  held 
strictly  in  private  by  the  owner. 

Section  6.  During  the  laying  of  water  or  sewer  pipes  the 
city  shall  protect  the  trenches  by  lights  or  guards  to  prevent  acci¬ 
dent  the  same  as  along  its  work  on  accepted  streets,  and  refill  the 
trench,  leaving  it  in  reasonably  good  condition;  but  the  city  does 
not  agree  to  place  said  street  or  way  in  safe  and  convenient  con¬ 
dition  for  travel,  nor  does  it  become  responsible  for  damages  that 
may  result  from  accident  in  the  continued  use  of  or  travel  upon 
said  street  or  way. 

The  city  not  to  claim  any  right  in  any  such  street  or  way  for 
purposes  other  than  the  use  of  its  sewer  and  water  pipes,  and  all 
expense  and  labor  for  maintaining  the  street  surface  and  caring 
for  surface  water  along  the  same  must  be  provided  by  the  same 
person  or  persons  to  whom  its  care  would  have  belonged  had  no 
sewer  or  water  pipes  been  placed  therein. 

Section  7.  All  connections  with  the  sewer  herein  provided 
must  be  under  the  supervision  of  the  engineering  department. 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS 


91 


CHAPTER  12 

PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS. 

Section  1.  No  person,  except  the  superintendent  of  outdoor 
work  or  the  superintendent  of  the  water  works  in  the  performance 
of  their  duties,  shall  break  or  dig  up  the  pavement  or  ground  in 
any  public  street,  or  any  sidewalk  or  common  in  the  city,  or  erect 
any  staging  for  building  thereon,  or  place  any  materials  or  rubbish 
thereon,  without  first  obtaining  from  the  commissioner  of  public 
works  a  written  permit  stating  the  space  in  the  street  or  other  pub¬ 
lic  place  that  may  be  occupied,  and  the  time  allowed  for  such  occu¬ 
pancy,  and  such  other  provisions  as  he  may  deem  best,  and  filing 
with  the  city  clerk  a  written  agreement  under  seal,  approved  by 
said  commissioner,  to  comply  strictly  with  the  terms  of  the  permit 
and  indemnify  the  city  from  all  loss,  cost  or  expense  that  it  may 
suffer  by  reason  of  such  occupancy. 

Section  2.  Whenever  any  street,  lane,  alley  or  sidewalk  or 
other  public  place  in  the  city,  shall,  under  any  permit  be  granted 
as  provided  in  the  preceding  section,  be  dug  up,  obstructed,  en¬ 
cumbered  or  otherwise  thereby  rendered  unsafe  or  inconvenient 
for  travel,  the  person  receiving  such  permit  shall  put,  and  at  all 
times  keep  up,  a  suitable  railing  or  fence  around  the  section  of  the 
street,  lane,  alley  or  other  public  place  so  obstructed  so  long  as  the 
same  shall  remain  unsafe  or  inconvenient  as  aforesaid  and  shall 
also  keep  one  or  more  lighted  lanterns  fixed  to  such  fence  or  fixed 
in  some  other  proper  manner,  every  night  from  twilight  in  the 
evening  through  the  whole  night,  so  long  as  such  railing  or  fence 
shall  be  kept  standing  or  obstruction  remain.  He  shall  also  within 
such  reasonable  time  as  the  commissioner  of  public  works  shall 
direct,  amend  and  repair  such  street,  lane,  alley,  sidewalk  or  public 
place  to  the  acceptance  of  the  superintendent  of  out-door  work. 


92 


REVISED  ORDINANCES 


Section  3.  No  person  shall  place  or  maintain  any  awning  or 
shade  over  any  part  of  any  street  or  sidewalk,  unless  the  same  be 
safely  and  securely  fastened  and  so  located  and  constructed  as  in 
nowise  to  incommode  passengers,  the  lowest  part  thereof  to  be  at 
least  seven  feet  above  te  sidewalk  and  in  no  case  to  extend  beyond 
the  line  thereof.  No  such  awning  or  shade  shall  be  placed  or  main¬ 
tained  without  written  permission  from  the  commissioner  of  public 
works,  which  permission  shall  be  revocable,  and  any  person,  having 
such  permission,  so  placing  or  maintaining  such  awning  or  shade, 
shall  in  all  respects  conform  to  any  direction  in  relation  to  the  loca¬ 
tion,  extent,  materials,  construction  and  maintenance  thereof 
which  shall  be  given  by  the  commissioner  of  public  works. 

Section  4.  No  person  shall  suspend  or  display,  or  caus£  to  be 
suspended  or  displayed,  any  sign,  flag,  article  of  merchandise, 
or  other  thing  over  any  sidewalk  or  street  in  the  city  unless  the 
lowest  part  thereof  be  at  least  seven  feet  above  the  sidewalk  or 
street,  and  no  such  sign,  flag,  article  of  merchandise,  or  other  thing 
shall  be  so  suspended  or  maintained  without  written  permission 
from  the  commissioner  of  public  works,  which  permission  shall  be 
revocable,  and  any  person  having  such  permission  and  sus¬ 
pending  or  displaying  any  such  sign,  flag,  article  of  merchandise 
or  other  thing,  shall  in  all  respects  conform  to  any  directions  in 
relation  to  the  location,  extent,  construction  and  maintenance 
thereof  which  shall  be  given  by  the  commissioner  of  public  works. 
No  sign,  article  of  merchandise  or  any  other  thing  shall  be  displayed 
or  maintained  on  any  street  or  sidewalk  in  the  city. 

Section  5.  No  person  shall  put  or  place,  or  cause  to  be  put 
or  placed,  in  any  street,  lane,  alley  or  other  public  place  in  the 
city,  any  house-dirt,  ashes,  filth,  shells,  any  piece  of  hoop,  board, 
wood,  wire,  glass,  tacks,  or  any  other  material  injurious  to  the  feet 
of  horses  or  to  pneumatic  tires  of  bicycles  or  other  vehicles,  or  other 
kinds  of  rubbish,  or  distribute  or  cause  to  be  distributed  or  thrown, 
any  handbills,  circulars,  pamphlets,  advertisements,  or  other 
papers  except  newspapers  to  purchasers  thereof. 

Section  6.  No  person  shall  suffer  his  firewood,  coal  or  other 
fuel  to  remain  unnecessarily  on  any  sidewalk  or  in  any  street,  lane 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS 


93 


or  alley,  in  the  principally  inhabited  parts  of  the  city,  over  night 
or  after  twilight  in  the  evening,  and  in  case  it  must  of  necessity 
so  remain  after  twilight  or  through  the  night,  the  said  owner  shall 
place  and  keep  a  sufficient  light  over  or  near  the  same  through  the 
night  to  prevent  injury  therefrom. 

Section  7.  No  person  shall  permit  any  sheep,  goat,  swine, 
mule,  ass,  horse  or  neat  cattle  belonging  to  him  or  under  his  con¬ 
trol  to  go  at  large  or  to  pasture  in  any  street,  lane  or  alley  or  on 
any  common  in  the  city. 

Section  8.  No  person  shall  drive  any  horse  or  horses  in  any 
street,  lane  or  highway  in  the  city  at  a  rate  of  speed  exceeding  eight 
miles  per  hour. 

Section  9.  No  owner,  driver  or  other  person  having  charge 
or  control  of  any  vehicle  used  for  the  purpose  of  conveying  from 
place  to  place  within  said  city,  for  hire,  any  wood,  coal,  lumber, 
stone,  brick,  sand,  gravel,  clay,  dirt,  rubbish,  goods,  wares,  furniture 
or  merchandise,  shall  stand  or  wait  with  any  such  vehicle  for  orders 
or  employment,  or  permit  such  vehicle  so  under  his  charge  or  con¬ 
trol  to  stand  for  orders  in  any  street,  lane,  court,  public  way  or 
public  place  within  said  city  other  than  such  stands  as  may  be 
assigned  by  the  commissioner  of  public  works. 

Section  10.  No  owner  or  driver  or  other  person  having  the 
charge  or  control  of  any  vehicle  licensed  for  the  conveyance  of  per¬ 
sons  for  hire  shall  permit  such  vehicle  to  stand  or  wait,  except  when 
waiting  for  the  return  of  a  passenger  temporarily  absent,  on  any 
part  of  any  street,  square,  lane,  court,  public  way  or  public  place 
within  said  city  other  than  the  stand  which  may  be  assigned  therefor 
under  the  provisions  of  this  section.  The  commissioner  of  public 
works  shall  from  time  to  time  assign  to  the  owners  or  persons  having 
charge  or  control  of  such  licensed  vehicle,  stands,  in  such  streets  or 
public  places  as  he  may  select,  for  the  occupation  of  such  vehicle 
awaiting  hire;  and  any  person  violating  the  provisions  of  this  sec¬ 
tion,  shall,  in  addition  to  the  penalty  in  this  chapter  hereinafter 
provided,  have  his  license  forthwith  revoked. 

Section  11.  No  person  shall  drive,  wheel,  draw  or  push  any 
cart,  wheelbarrow  or  other  vehicle  of  burden  or  pleasure  upon  or 


94 


REVISED  ORDINANCES 


along  any  sidewalk  in  this  city  except  for  the  purpose  of  crossing 
such  sidewalk  to  go  to  or  out  of  some  adjoining  enclosure,  provided, 
this  section  shall  not  apply  to  children’s  carriages  drawn  by  hand. 

Section  12.  No  person  shall  stand  with  or  permit  any  team 
under  his  control  or  care  to  stand  across  any  public  highway  or 
street  in  such  manner  as  to  obstruct  the  travel  over  the  same,  and 
no  person  shall  stop  with  any  team  in  any  public  street  at  the  side 
of  or  so  near  to  another  team  as  to  obstruct  public  travel,  and  no 
person  shall  stop  with  any  team  or  carriage  upon  or  across  any 
crosswalk  in  any  street  or  highway  in  the  city. 

Section  13.  No  person  shall  permit  any  goat,  sheep,  swine, 
horse,  mule ;  ox  or  cow  under  his  care  to  go  upon  any  sidewalk  in 
the  city,  except  for  the  purpose  of  crossing  such  sidewalk  to  go  to 
or  from  some  adjoining  inclosure. 

Section  14.  No  person  shall  place  or  cause  to  be  placed 
on  any  street,  sidewalk,  footwalk  or  crosswalk  in  this  city  any  salt 
or  substance  containing  salt;  nor  any  article  or  thing  whatsoever 
that  interferes,  in  any  manner  whatsoever,  with  the  convenient  use 
of  such  street,  sidewalk,  footwalk  or  crosswalk  by  any  person  travel¬ 
ing  thereon,  on  foot  or  with  teams. 

Section  15.  No  person  shall  train,  break  or  exercise  for  the 
purpose  of  breaking,  training  or  to  accustom  to  the  street  cars,  any 
horse  or  mule  upon  the  following  streets  and  parts  of  streets  in  the 
city  of  North  Adams,  to  wit: — Main  street,  between  the  Phoenix 
Bridge  and  Monument  Square;  Ashland  street,  between  Main  street 
and  the  Boston  &  Maine  Railroad  crossover;  State  street,  between 
Main  street  and  the  ice  house  occupied  by  William  Orr;  Eagle 
street,  between  Main  street  and  Union  street;  and  Union  street 
between  Eagle  street  and  the  Eclipse  dam. 

Section  16.  No  person  shall  move  or  cause  to  be  moved  any 
building  through  any  public  street  in  the  city  without  first  obtain¬ 
ing  from  the  commissioner  of  public  works  a  written  permit  therefor, 
stating  the  streets  through  which,  and  the  time  within  which,  the 
building  may  be  moved  and  any  other  provisions  that  he  may  deem 
best,  and  filing  with  the  city  clerk  a  written  agreement  under  seal, 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS 


95 


approved  by  said  commissioner,  to  comply  with  the  terms  of  said 
permit  and  indemnify  the  city  for  all  loss,  cost  or  expense  it  may 
suffer  by  reason  of  the  moving  of  such  building. 

Section  17.  No  person  shall  throw  or  put  or  cause  to  be  thrown 
or  put  any  snow  or  ice  into  any  street,  lane  or  alley  in  the  city, 
unless  the  same  shall  be  broken  up  and  spread  evenly  over  the 
surface  of  such  street,  lane  or  alley. 

Section  18.  No  person  shall  saw  any  wood  or  pile  the  same 
on  the  sidewalk  of  any  street  or  way  in  the  city. 

Section  19.  No  person  shall  expose  in  or  upon  any  street, 
lane,  alley,  public  place  or  common  in  the  city,  any  table  or  device 
of  any  kind,  by  or  upon  which  any  game  of  hazard  or  chance  can 
be  played;  nor  shall  any  person  play  any  such  game  at  such  table 
or  device  in  or  upon  any  street,  lane,  alley,  public  place  or  common 
in  the  city. 

Section  20.  No  person  shall  keep  or  place  any  table,  stall, 
booth  or  other  erection  in  any  street,  lane,  alley  or  public  place 
or  on  any  square  or  sidewalk  in  the  city  for  the  sale  of  fruit  or 
other  things. 

Section  21.  No  person  shall  discharge  any  gun,  pistol  or 
other  firearm  in  any  of  the  streets,  highways,  public  squares  or 
commons  inthe  city;  provided,  this  section  shall  not  apply  to  the 
use  of  such  weapons  in  the  lawful  defense  of  the  person,  family,  or 
property  of  any  one  or  in  the  performance  of  any  duty  required 
by  law  nor  to  the  firing  of  a  salute  of  cannon  or  artillery  by  per¬ 
mission  of  the  mayor. 

Section  22.  No  person  shall  set  fire  to  any  rocket,  cracker, 
squib,  serpent,  or  other  fireworks  or  make  any  bonfire  in  any  street, 
lane,  highway,  public  square,  or  common  in  the  city  without  per¬ 
mission  from  the  mayor. 

Section  23.  No  person  shall  wantonly  injure,  mar,  deface,  or 
destroy  any  fence,  guidepost,  signboard,  awning,  lamp  post,  lamp, 
or  lantern  in  any  street,  square  or  public  place  in  the  city. 

Section  24.  No  person  shall  cut  down,  remove,  injure  or 
destroy  any  fruit,  shade  or  other  tree  growing  or  being  in  any  public 


96 


REVISED  ORDINANCES 


lane,  alley,  common  or  other  public  ground  in  the  city  without  the 
permission  of  the  commissioner  of  public  works.  And  no  person 
shall  fasten  any  horse  or  other  animal  to  any  such  tree. 

Section  25.  No  person  shall  remove  any  street  dirt  or  manure 
from  any  public  street,  lane,  or  alley  in  the  city  without  authority 
from  the  superintendent  of  out-door  work. 

*  Section  26.  No  person  shall  behave  himself  in  a  rude  and 
disorderly  manner,  or  use  any  indecent  or  profane  language  in 
any  street,  alley,  lane  or  other  public  place  in  the  city. 

Section  27.  No  person  shall  swim  or  bathe  in  any  pond, 
stream,  or  river  in  the  city,  divested  of  clothing  so  as  to  be  inde¬ 
cently  exposed  to  the  view  of  any  person  lawfully  passing  or  being 
in  or  upon  any  street,  alley,  lane,  common,  square,  railroad  or  other 
public  place  within  the  city. 

Section  28.  No  person  shall  allow  any  sink  water  or  other 
impure  water,  to  run  from  any  house,  barn  or  lot  occupied  by 
himself  or  under  his  control  into  any  street  or  highway  in  the  city. 

Section  29.  No  person  shall  allow  any  gate  or  door  belonging 
to  premises  owned  or  occupied  by  him  or  under  his  control  to  swing 
on,  over  or  into  any  street  or  sidewalk  in  the  city. 

Section  30.  No  auctioneer  shall  hold  his  sale  upon  any 
sidewalk  or  other  thoroughfare  in  the  city,  so  as  to  obstruct  or 
prevent  the  free  and  convenient  use  of  the  same  by  foot  passengers 
traveling  thereon. 

Section  31.  No  person  or  persons  shall  at  any  time  whatso¬ 
ever  carry  into  or  through  any  public  street  of  the  city  any  part 
of  the  contents  of  any  privy  vault  or  cess  pool  in  any  cart  or  wagon 
or  other  vehicle  or  utensil  which  shall  not  be  closely  covered,  water¬ 
tight  and  kept  clean  upon  the  outer  surface. 

Section  32.  Three  or  more  persons  shall  not  stand  together 
or  near  each  other  in  any  street,  or  on  any  footwalk  or  sidewalk  in 
the  city,  so  as  to  obstruct  the  free  passage  for  foot  passengers  and 
any  person  or  persons  so  standing  shall  move  on  immediately 
after  a  request  to  do  so  made  by  the  mayor,  chief  of  police,  any 
police  officer  or  watchman.  No  person  shall  purposely  or  wilfully 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS 


97 


obstruct  the  free  passage  of  foot  travelers  nor  shall  any  person 
loiter  for  more  than  five  minutes  upon  a  sidewalk  after  being 
directed  by  the  mayor,  chief  of  police  or  any  police  officer  to  move  on. 

Section  33.  No  person  shall  be  or  remain  upon  the  steps  of, 
or  other  projection  from  any  church,  hotel,  hall,  or  public  building, 
nor  in  any  hall,  space  or  way  leading  thereto,  so  as  to  incommode 
or  obstruct  the  passage  to  and  from  such  church,  hall,  hotel  or 
building.  And  every  person  so  being  or  remaining  when  ordered 
by  the  mayor,  chief  of  police,  watchman,  owner,  agent  or  other 
person  having  charge  of  said  church,  hotel,  hall  or  other  public 
building  shall  immediately  depart  therefrom. 

Section  34.  No  person  shall,  within  the  limits  of  any  street 
or  highway  in  the  city  plaj^  any  game  of  ball,  or  fly  any  kite  or 
balloon,  or  throw  any  stones  or  other  missiles,  or  engage  in  any 
other  game,  amusement  or  exercise  interfering  with  free,  safe  and 
convenient  use  of  such  street  or  highway  by  any  person  traveling 
or  passing  along  the  same. 

Section  35.  No  person  shall  project  by  means  of  any  air  pipe, 
blow  pipe,  air  gun,  pop  gun,  spring  gun,  bow  gun  or  cross-bow 
any  missile  or  substance  whatsoever  in  or  into  any  public  street, 
highway,  court,  square,  park,  avenue  or  place  within  the  city. 

Section  36.  No  person  shall  course,  coast  or  slide  on  any 
sleigh  or  other  vehicle  in,  along  or  upon  any  street  or  portion  thereof 
unless  such  street  or  portion  thereof  shall  be  designated  foi*  such 
purpose  by  the  commissioner  of  public  works. 

Section  37.  No  person  shall  course,  coast  or  slide  upon  any 
sled,  board  or  other  thing,  upon  any  sidewalk  or  footwalk  in  the  city. 

Section  38.  The  tenant,  occupant,  and  in  case  there  be  no 
tenant,  the  owner  or  person  having  the  care  of  any  estate  abutting 
upon  any  street,  lane,  court  or  square  within  the  city  where  there  is 
a  sidewalk  which  now  is  or  may  hereafter  be  established  or  set  apart 
as  such,  shall,  after  the  ceasing  to  fall  of  any  snow  thereon,  within 
eighteen  hours  cause  the  same  to  be  removed  therefrom. 

Section  39.  Whenever  any  snow  shall  be  collected  or  depos¬ 
ited  upon  any  sidewalk  mentioned  in  the  preceding  section,  either 


98 


REVISED  ORDINANCES 


by  falling  from  some  adjoining  building  or  by  drifting  upon  said 
sidewalk,  the  tenant,  occupant  and  in  case  there  be  no  tenant,  the 
owner  or  person  having  charge  of  the  estate  abutting  upon  said 
sidewalk,  shall  within  eighteen  hours  after  its  being  so  collected 
or  deposited  cause  the  same  to  be  removed  therefrom. 

Section  40.  Whenever  any  sidewalk  mentioned  in  section  38 
of  this  chapter  shall  be  encumbered  with  ice,  it  shall  be  the  duty 
of  the  tenant,  occupant,  and  in  case  there  be  no  tenant,  the  owner 
or  person  having  care  of  the  estate  abutting  thereon,  to  cause  such 
sidewalk  to  be  made  safe  and  convenient  for  travel  by  removing  the 
ice  therefrom  as  far  as  practicable  and  by  covering  any  ice  remaining 
with  sand  or  other  suitable  substance  within  eighteen  hours  after 
such  sidewalk  shall  have  become  so  encumbered,  and  no  unsafe  or 
inconvenient  condition  of  any  sidewalk  shall  be  allowed  by  said 
tenant,  occupant  or  owner  for  more  than  six  consecutive  hours 
between  four  o’clock  a.  m.  and  ten  o’clock  p.  m.  of  any  day. 

Section  41.  No  person  shall  permit  water  from  the  eaves  or 
leader  pipes  of  any  building  owned  or  cared  for  by  him  to  be  dis¬ 
charged  upon  any  public  street  or  sidewalk  in  the  city  and  no  person 
between  the  hours  of  eight  o’clock  in  the  morning  and  ten  o’clock 
in  the  evening,  shall  wash  or  allow  to  be  washed  any  windows  or  walls 
of  a  building  owned  or  cared  for  by  him  in  such  manner  as  to  cause 
the  discharge  of  Water  upon  any  public  sidewalk  or  walk  devoted 
to  the  public  use. 

Section  42.  No  person  shall  sprinkle  any  of  the  public  streets 
of  the  city  by  the  use  of  street  sprinkling  wagons  or  carts  unless 
he  or  his  employer  shall  have  first  obtained  a  written  permit  as 
hereinafter  provided.  The  commissioner  of  public  works  shall  issue 
permits  to  such  parties  and  on  such  terms  and  conditions  as  he 
may  deem  proper  and  a  record  shall  be  kept  of  all  permits  so  issued. 
Such  permits  may  be  revoked  by  the  commissioner  of  public  works 
at  any  time  and  if  not  revoked  shall  expire  on  the  first  day  of  April 
following  their  date. 

Section  43.  Whoever  shall  offend  against,  or  fail  to  comply 
with  any  of  the  provisions  of  this  chapter,  shall  for  each  and  every 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS 


99 


offence  forfeit  and  pay  a  penalty  of  not  less  than  two  dollars  ($2) 
nor  more  than  twenty  dollars  ($20) . 

Section  44.  No  person  shall  be  prosecuted  for  any  offence 
against  any  of  the  provisions  of  this  chapter,  unless  complaint  for 
the  same  shall  be  instituted  and  commenced  within  six  months 
from  the  time  of  committing  such  offence. 

Section  45.  The  chief  of  police,  and  all  police  officers  and 
watchmen  are  especially  charged  to  see  that  the  provisions  of  this 
chapter  are  enforced. 


100 


REVISED  ORDINANCES 


CHAPTER  13. 

RELATIVE  TO  DEPOSITS  FOR  THE  PERPETUAL  CARE  .  AND 
IMPROVEMENT  OF  CEMETERY  LOTS. 

Section  1.  The  City  of  North  Adams,  under  authority  of 
section  18,  chapter  78  of  the  Revised  Laws  of  Massachusetts,  will 
receive  from  any  person  holding  or  interested  in  a  lot  in  either  of 
the  cemeteries  of  said  city,  any  sum  of  money,  not  exceeding  five 
hundred  ($500)  dollars,  for  the  purpose  of  providing  for  the  per¬ 
petual  care  and  improvement  of  such  cemetery  lot. 

Section  2.  The  City  Treasurer,  shall  allow  interest  on  all 
such  deposits  and  credit  the  same  on  May  1st  next  and  at  the  end 
of  each  year  thereafter  at  a  rate  per  annum  equal  to  the  highest 
rate  allowed  as  interest  or  dividends  on  deposits  in  the  last  preceding 
year  in  which  the  same  are  allowed  by  any  savings  bank,  located 
in  said  city,  deemed  by  him  a  sufficiently  safe  depository  for  deposit 
of  the  city’s  funds,  which  rate  allowed  shall  not  be  less  than  the 
average  rate  paid  by  said  city  as  interest  on  its  notes  or  bonds 
issued  for  terms  exceeding  two  years,  during  the  last  issued  for  terms 
exceeding  or  the  last  year  preceding  in  which  it  had  such  notes  or 
bonds  outstanding. 

Section  3.  The  City  Treasurer  is  hereby  authorized,  when 
such  a  deposit  is  made,  to  give  such  person  an  agreement  or  obli¬ 
gation  in  the  following  form:  THE  CITY  OF  NORTH  ADAMS 

acknowledges  the  receipt  from . 

of  the  sum  of . Dollars, 

paid  for  the  perpetual  care  and  improvement  of  Lot  No . 

in . Cemetery  in  said  city, 

under  the  provisions  of  section  18,  chapter  78,  of  the  Revised  Laws. 

Said  city  agrees  therefor  to  allow  interest  thereon  to  be  credited 
on  May  1st  next  and  at  the  end  of  each  year  thereafter  at  the  rate 


DEPOSITS  FOR  CARE  AND  IMPROVEMENT  OF  CEMETERY  LOTS  101 

per  annum  equal  to  the  highest  rate  allowed  as  interest  or  dividends 
on  deposits  in  the  last  preceding  year  in  which  the  same  are  allowed 
by  any  savings  bank  located  in  said  city,  deemed  by  the  City 
Treasurer,  a  sufficiently  safe  depository  for  deposit  of  their  funds, 
which  rate  allowed  shall  not  be  less  than  the  average  rate  paid  by 
said  city  as  interest  on  its  notes  or  bonds  issued  for  terms  exceed¬ 
ing  two  years  during  the  last  preceding  municipal  or  the  last  year 
preceding  in  which  it  had  such  notes  or  bonds  outstanding. 

Said  city  further  covenants  to  and  with  said . 

heirs  and  assigns,  and  all  persons  who  may  have  a  right  of  burial 
or  to  keep  a  body  buried  in  said  lot,  to  apply  each  year  the  interest 
allowed  on  said  fund  for  the  preceding  year. 

Should  the  city  officer  charged  with  the  care  of  said  lot  here¬ 
under  deem  it  necessary  to  expend  in  any  year  the  full  amount  of 
interest  credited,  the  city  shall  retain  the  amount  not  needed  and  add 
the  same  to  the  principal  of  the  fund  as  an  accumulation  unless  re¬ 
quested  in  writing  by  some  covenantee  to  expend  the  full  amount 
in  that  year,  and  interest  shall  be  allowed  on  such  accumulation  as 
part  of  the  principal. 

Such  accumulation  above  the  original  amount  of  the  fund 
may  at  any  time  be  used  by  said  city  in  repair  or  replacement 
of  the  monuments  on  said  lot  or  in  any  extraordinary  expense, 
proper  to  incur  upon  the  same,  provided  that  it  shall  not,  without 
the  consent  of  all  known  parties  having  a  right  in  the  lot,  erect  any 
monument  different  in  design,  marking  or  material  from  the  original 
replaced  by  it. 

Section  4.  The  City  Treasurer  shall  annually  on  May  1st, 
make  a  statement  to  the  Commissioner  of  Public  Burial  Places, 
showing  the  amount  of  income  which  has  accrued  upon  each  separate 
deposit  and  of  the  several  lots  in  the  public  burial  grounds  of  said 
city  upon  which  the  said  income  may  be  expended.  The  City 
Treasurer  shall  pay  the  said  income  to  the  said  Commissioner. 

Section  5.  The  City  Treasurer  shall  in  his  annual  report 
make  a  statement  showing  the  liability  of  the  city  in  connection 
with  each  deposit  made  under  the  provisions  of  this  ordinance. 

Section  6.  The  Commissioner  of  Public  Burial  Places  shall 
receipt  for  and  faithfully  apply  all  sums  of  interest  so  received 
by  him  in  accordance  with  the  statement  so  made  and  the  agree¬ 
ment  given  by  said  City  Treasurer. 


102 


REVISED  ORDINANCES 


CHAPTER  14. 

PUBLIC  LIBRARY 

Section  1.  The  trustees  of  the  public  library  of  the  city  of 
North  Adams  shall  meet  as  soon  as  may  be  after  the  first  Monday 
in  January  in  each  year,  and  organize  themselves  into  a  board 
by  the  choice  of  a  chairman  and  secretary  from  their  own  number; 
and  a  majority  of  said  board  shall  be  required  for  the  transaction 
of  business. 

Section  2.  The  secretary  shall  have  the  care  and  custody 
of  all  books,  records,  papers  and  documents  belonging  to  the  board, 
and  shall  record  all  the  doings  of  said  board  in  a  book  to  be  fur¬ 
nished  by  said  city;  and  he  shall  deliver  said  books,  records,  papers 
and  documents  to  his  successor  in  office. 

Section  3.  The  board  of  trustees  shall  have  full  power  to 
appoint  a  librarian  and  all  subordinate  officers  whom  they  may 
deem  expedient,  fix  their  compensations  and  remove  said  officers 
at  pleasure. 

Section  4.  All  money  appropriated  for  the  public  library 
shall  be  expended  by  said  board  of  trustees  for  paying  the  librarian 
and  assistants,  for  warming,  lighting  and  furnishing  the  rooms, 
and  in  purchasing  books  and  such  other  things  as  may  in  their 
judgment  be  for  the  benefit  and  advantage  of  the  institution. 

Section  5.  The  said  board  of  trustees  shall  have  the  care 
and  custody  of  the  library  rooms  so  far  as  they  may  be  used  by  the 
public  library,  and  shall  have  the  sole  custody  of  the  books  and 
management  of  the  library,  and  shall  have  full  power  to  make  any 
and  all  needful  and  suitable  regulations  concerning  said  library 
and  reading  rooms  and  the  use  thereof. 

Section  6.  The  said  trustees  shall  annually  on  or  before  the 
second  Tuesday  of  December  lay  before  the  city  council  a  detailed 
report  of  their  doings  and  the  condition  of  the  public  library. 


ICE  FOR  DOMESTIC  USE 


103 


CHAPTER  15. 

RELATING  TO  ICE  FOR  DOMESTIC  USE. 

Section  1.  All  persons,  who  intend  to  sell  or  distribute  ice 
shall  before  doing  so,  and  in  each  year  give  notice  of  such  intention 
in  writing  to  the  board  of  health,  which  notice  shall  state  par¬ 
ticularly  the  source  or  sources  from  which  their  ice  is  to  be  taken, 
and  each  person  in  giving  such  notice,  shall  pay  to  the  city  treas¬ 
urer  of  the  city  of  North  Adams,  when  a  single  source  of  supply  is 
to  be  used,  the  sum  of  ten  dollars  to  defray  the  expense  of  examination 
and  analysis;  if  more  than  one  is  used,  for  each  additional  source 
of  supply  they  shall  pay  the  sum  of  five  dollars  ($5) . 

Section  2.  The  board  of  health  shall,  without  unnecessary 
delay,  upon  receiving  the  notice  mentioned  in  Section  1,  with  evi¬ 
dence  that  the  specified  payment  has  been  made,  and  at  such  other 
times  as  may  be  deemed  proper,  examine  the  ice  sold  or  intended 
to  be  sold  or  offered  for  sale  in  this  city,  and  shall  also  examine  the 
sources  of  supply  and  water  of  any  pond,  reservoir  or  place  where 
such  ice  is  harvested  or  manufactured,  and  cause  to  be  made  a  care¬ 
ful  analysis  of  such  ice  and  the  water  from  which  the  same  is  made. 

Section  3.  The  board  of  health  shall,  immediately  after  any 
such  analysis  or  examination,  make  an  adjudication  as  to  whether 
such  ice  is  pure  or  impure  and  fit  or  unfit  for  domestic  use,  and 
file  a  copy  thereof,  together  with  a  copy  of  the  analysis  and  exam¬ 
ination,  with  the  city  clerk,  who  shall  safely  keep  the  same  for 
examination  and.  reference.  Notice  in  writing  of  such  report, 
adjudication  and  filing  signed  by  the  chairman  of  such  board  or  by 
its  agent,  shall  be  served  upon  any  person,  party  or  corporation 
owning  or  having  such  ice  for  sale. 

Section  4.  No  ice  shall  be  sold  or  delivered  in  said  city,  until 
after  such  examination,  analysis  and  adjudication,  and  then  not 


104 


REVISED  ORDINANCES 


unless  the  same  shall  be  declared  pure  and  fit  for  domestic  use  by 
the  said  board  of  health. 

Section  5.  All  persons  who  sell  or  distribute  ice  in  this  city 
for  domestic  purposes,  shall  permit  the  board  of  health  at  all  rea¬ 
sonable  times,  to  have  access  to  and  freely  examine  the  ice  intended 
for  such  supply,  and  shall  permit  samples  to  be  taken  by  it  from 
time  to  time  for  the  purpose  of  analysis. 

Section  6.  Whoever  violates  the  provisions  of  either  of  the 
above  sections  of  this  chapter  shall  be  punished  by  a  fine  not  ex¬ 
ceeding  twenty  dollars  ($20)  for  each  offence. 


SALK  OF  MILK 


105 


CHAPTER  16. 

RELATING  TO  THE  SALE  OF  MILK. 

Section  1.  No  milk  shall  be  sold  in  the  city  of  North  Adams 
after  the  passage  of  this  ordinance,  except  from  cows  that  have  been 
subjected  within  one  year  to  examination  that  shall  be  satisfactory 
to  the  board  of  health  and  to  the  inspector  appointed  by  the  mayor 
and  the  council  of  the  city  of  North  Adams  under  section  12,  chapter 
90  of  the  Revised  Laws  of  Massachusetts,  and  pronounced  free 
from  the  disease  known  as  tuberculosis  or  any  other  disease  that 
may  render  the  milk  injurious  to  man. 

In  case  an  examination  made  by  any  person  other  than  the 
inspector  of  the  city  of  North  Adams,  shall  be  unsatisfactory  either 
to  him  or  to  the  board  of  health,  a  proper  examination  shall  be 
made  by  said  inspector  for  the  city  of  North  Adams,  and  his  decision 
shall  be  final. 

Section  2.  Any  person  selling  or  distributing  milk,  or  keeping 
cows  from  which  milk  is  sold  or  distributed  in  the  city  of  North 
Adams,  shall,  upon  the  addition  of  any  cow  or  cows  to  his  dairy, 
immediately  give  notice  to  the  board  of  health  of  such  addition, 
and  the  board  of  health  shall  thereupon  order  an  examination  of 
such  animal  or  animals  to  be  made,  as  provided  in  section  1  of  this 
ordinance. 

Any  person  selling  or  distributing  milk  in  the  city  of  North 
Adams,  shall  at  the  time  of  taking  out  his  license,  inform  the  board 
of  health,  in  writing,  of  all  sources  from  which  he  receives  his  supply, 
and  upon  making  any  change  whatever  in  the  sources  of  supply 
shall  immediately  give  notice  to  the  board  of  health  of  such  change. 

Section  3.  Whenever  the  board  of  health  shall  deem  it 
necessary,  but  not  less  frequently  than  once  during  each  year,  it 
shall  make  or  cause  to  be  made  an  inspection  of  all  dairies  and  other 
places  from  which  milk  is  sold  in  the  city  of  North  Adams,  and  shall 


106 


REVISED  ORDINANCES 


keep  a  written  report  of  the  result  of  such  inspections  on  file  in  its 
office  for  public  examination  and  reference. 

Section  4.  All  such  premises,  and  all  vessels  and  vehicles 
used  in  the  business  of  selling  or  distributing  milk,  shall  be  kept  in 
a  perfectly  clean  and  sanitary  condition  and  at  all  times  acceptable 
to  the  board  of  health,  and  no  person  who  refuses  to  allow  such 
inspection  to  be  made  in  accordance  with  section  3  of  this  ordin¬ 
ance,  or  who  fails  to  keep  his  premises,  vessels  and  vehicles  as  above 
mentioned  in  such  cleanly  and  sanitary  condition  as  shal  be  satis¬ 
factory  to  the  board  of  health,  or  fails  to  comply  with  the  written 
orders  and  recommendations  of  the  board  of  health,  .or  to  provide 
such  proper  light  and  ventilation  of  his  stables  and  such  sources  of 
water  supply  as  the  board  shall  deem  necessary,  shall  be  allowed  to 
sell  or  distribute  milk  in  the  city  of  North  Adams. 

Section  5.  Every  person  keeping  cows  from  which  the  milk 
is  sold  in  the  city  of  North  Adams,  shall  have  a  room  entirely  apart 
from  the  stable,  (although  it  may  be  in  the  same  building  if  desired,) 
in  which  the  milk  shall  be  strained  and  cooled,  said  room  to  have 
a  tight  floor  and  the  side  walls  and  ceilings  to  be  made  of  matched 
lumber  or  battened,  unless  lathed  and  plastered.  No  water-closet, 
earth  closet  or  privy  shall  be  within  or  communicate  directly  with 
this  room.  The  walls  and  ceilings  of  all  cow  stables  shall  be  cleaned 
and  white- washed  at  least  twice  a  year,  and  oftener  if  required  by 
the  board  of  health;  nothing  in  this  section,  however,  shall  be 
interpreted  to  prevent  the  cooling  of  milk  in  spring  houses  when  same 
are  properly  constructed. 

Section  6.  No  person  who  is  suffering  from,  or  who  is  sus¬ 
pected  of  having  typhoid  fever,  diphtheria  or  any  other  contagious 
disease,  shall,  while  so  suffering,  be  engaged  in  the  care  of  cows 
or  the  handling  of  milk  in  places  from  which  milk  is  to  be  sold  or 
distributed  in  the  city  of  North  Adams. 

Every  person  being  in  any  way  engaged  in,  or  connected  with, 
the  production,  handling,  selling  or  distribution  of  milk  or  cream, 
sold  or  offered  for  sale  in  the  city  of  North  Adams,  is  required  to 
immediately  report  to  the  board  of  health  of  North  Adams,  all 


SALE  OF  MILK 


107 


cases,  or  suspected  cases  of  contagious  diseases  occurring  in  the 
family  or  household  of  said  person. 

Section  7.  Every  person  selling  milk  or  offering  it  for  sale 
in  a  store,  booth  or  stand  in  the  city  of  North  Adams,  shall  keep 
such  milk  in  a  refrigerator  or  other  perfectly  tight  receptacle  entirely 
separate  from  any  food  or  other  contaminating  produce,  said  re¬ 
frigerator  or  other  receptacle  to  be  provided  with  ice  during  the 
warm  months,  or  at  any  other  time  when  required  so  to  do  by  the 
board  of  health. 

Section  8.  Any  person,  party  or  corporation  violating  the 
provisions  of  this  chapter,  shall  be  punished  by  a  fine  not  exceeding 
twenty  dollars  ($20)  for  each  offence. 

Section  9.  Any  person,  party  or  corporation  after  being 
notified  by  the  board  of  health  to  discontinue  the  sale  of  milk  in  the 
city  of  North  Adams  who  shall  sell  or  distribute  any  milk  in  the  city 
of  North  Adams  until  he  receives  permission  in  writing  so  to  do 
from  the  board  of  health,  shall  be  punished  by  a  fine  not  exceeding 
twenty  dollars  ($20)  for  each  offence,  and  his  license  to  sell  milk  in 
this  city  shall  be  revoked. 


108 


REVISED  ORDINANCES 


CHAPTER  17. 

INSPECTOR  OF  WIRES  AND  WIRING  WITHIN  BUILDINGS. 

INSPECTOR  OF  WIRES. 

Section  1.  The  commissioner  of  public  works  shall  appoint 
an  inspector  of  wires,  who  shall  be  superintendent  of  the  fire-alarm 
and  police  signal  system,  and  shall  be  under  the  direction  and  control- 
of  said  commissioner;  shall  hold  office  until  his  successor  is  duly 
appointed,  and  who  shall  perform  all  the  duties  required  by  the 
provisions  of  chapter  122  of  the  Revised  Laws  of  Massachusetts 
and  acts  in  amendment  thereof. 

Section  2.  Such  inspector  shall  give  his  whole  time  to  the  city, 
and  for  all  services  shall  be  paid  one  thousand  dollars  each  year. 

WIRING  WITHIN  BUILDINGS. 

Section  3.  No  person  shall  construct  within  a  building  a 
wiring  system  which  is  designed  to  carry  an  electric  light,  heat  or 
power  current,  until  the  owner  or  person  constructing  the  same 
has  filed  with  the  inspector  of  wires  a  plan  thereof  showing  the 
whole  wiring  system  within  the  building  and  the  points  of  connecting 
with  outside  circuits.  No  person  shall  add  to  or  alter  within  a 
building  any  portion  of  the  wiring  system  which  is  designed  to  carry 
an  electric  light,  heat  or  power  current  (except  to  make  necessary 
repairs)  until  the  owner  or  person  constructing  the  same  has  filed 
with  the  inspector  of  wires  a  plan  thereof  and  of  such  portions  of 
the  whole  wiring  system  within  the  building  and  the  points  of  con¬ 
nection  with  outside  circuits  as  the  inspector  of  wires  shall  require. 

No  person  shall  commence  the  work  provided  for  in  such  plans, 
until  they  are  approved  in  wiring  by  the  inspector  of  wires.  Plans 
and  specifications  shall  be  approved  or  rejected  within  one  week 
of  the  time  of  filing.  After  a  plan  has  been  approved,  no  altera- 


INSPECTOR  OF  WIRES  AND  WIRING  WITHIN  BUILDINGS 


109 


tion  therein  shall  be  allowed,  except  on  a  new  application  and 
permit  as  provided  in  this  section. 

No  wires  specified  in  this  section  shall  be  covered  or  concealed 
from  view,  until  approved  by  the  inspector  of  wires,  who  shall 
examine  the  same  within  three  week  days  (legal  holidays  excepted) 
after  notice  that  they  are  ready  for  inspection.  No  electric  current 
shall  be  turned  upon  such  wires  until  they  have  been  approved  in 
writing  by  the  inspector  of  wires. 

The  Rules  and  Regulations  of  the  National  Electric  Code,  as 
established  from  time  to  time,  shall  be  the  standard  of  wiring. 

Section  4.  Any  person  violating  the  provisions  of  section  3 
of  this  chapter  shall  be  punished  by  a  fine  not  exceeding  twenty 
dollars  for  each  offence. 


110 


REVISED  ORDINANCES 


CHAPTER  18. 

PROHIBITING  PERSONS  UNDER  16  YEARS  OF  AGE  FROM  BEING  ON 
THE  STREETS,  ALLEYWAYS  OR  PUBLIC  PLACES  AT 
NIGHT  AFTER  9  O’CLOCK. 

Section  1.  It  is  hereby  made  unlawful  for  any  person  under 
sixteen  years  of  age  to  be  or  remain  in  or  upon  any  of  the  streets, 
alleys  or  public  places  in  the  city  of  North  Adams  at  night  after  9 
o’clock,  unless  such  person  is  accompanied  by  a  parent,  guardian 
or  other  person  having  the  legal  custody  of  such  minor  person  or  is 
in  the  performance  of  an  errand  or  duty  directed  by  such  parent, 
guardian  or  other  person  having  the  care  of  such  minor  persons, 
or  whose  legal  employment  makes  it  necessary  to  be  upon  the  streets, 
alleys  or  public  places  during  the  night  time  after  said  specified 
hour.  Provided,  This  exception  shall  not  apply  when  the  person 
under  age  shall  be  playing  or  unnecessarily  loitering  in  or  upon  said 
street,  alley  or  public  place,  whether  alone  or  accompanied  by  a 
parent,  guardian  or  any  person  whomsoever.  Whoever  violates 
the  provisions  of  this  section  shall  be  punished  by  a  fine  not  ex¬ 
ceeding  five  dollars  ($5) . 

Section  2.  It  is  hereby  made  unlawful  for  any  parent, 
guardian  or  other  person  having  the  legal  care  and  custody  of  any 
person  under  sixteen  years  of  age  to  allow  or  permit  any  such  child, 
ward  or  other  person  under  such  age  while  in  such  legal  custody 
to  go  or  be  in  or  upon  any  of  the  streets  or  public  places  in  said  city 
within  the  time  prohibited  in  section  1  of  this  ordinance,  unless 
there  exists  a  reasonable  necessity  therefor.  Whoever  violates  the 
provisions  of  this  section  shall  be  punished  by  a  fine  not  exceeding 
ten  dollars  ($10). 

Section  3.  Be  it  further  ordained,  that  no  child  or  minor 
person  arrested  under  the  provisions  of  this  ordinance  shall  be 


CURFEW 


111 


placed  in  confinement  until  the  parents  or  guardian  of  such  minor 
person  shall  have  been  notified  of  such  arrest  and  shall  have  refused 
to  be  responsible  for  the  observance  of  the  provisions  of  this  ordi¬ 
nance  by  said  minor  person. 


112 


REVISED  ORDINANCES 


CHAPTER  19. 

REGULATING  THE  NUMBERING  OF  TENEMENTS  AND  BUILDINGS  ON 

STREETS  OR  WAYS. 

Section  1.  It  shall  be  the  duty  of  the  city  engineer  to  assign 
a  number  to  all  tenements  and  buildings  on  streets  that  have  been 
accepted  as  such  or  that  belong  to  the  city  to  maintain,  or  that  has 
a  city  water  supply  or  a  public  sewer  therein,  and  shall  hereafter 
upon  the  acceptance  of  any  street,  or  the  placing  therein  of  a  city 
water  pipe  or  a  public  sewer,  proceed  at  once  to  the  assigning  of 
numbers  for  each  tenement  or  building  built  or  to  be  built  therein, 
and  may  upon  the  petition  of  twenty-five  per  cent,  of  the  property 
owners  along  any  street  or  way  open  for  the  convenience  and  travel 
of  the  public,  although  not  accepted  as  such  by  the  city,  nor  having 
a  city  water  pipe  or  a  public  sewer,  proceed  to  assign  numbers  in 
accordance  with  the  provisions  of  this  chapter. 

Section  2.  Said  number  shall  each  cover  a  frontage  of  twenty 
feet  with  the  odd  numbers  on  the  northerly  and  westerly  sides  and 
the  even  numbers  on  the  southerly  and  easterly  sides  of  the  streets 
except  upon  streets  whose  center  line  makes,  with  the  meridian,  an 
angle  equal  to  about  45  degrees,  in  which  case  the  side  for  odd  or 
even  numbers  shall  be  discretionary  with  the  city  engineer. 

Section  3.  The  owner  or  occupant  of  every  tenement  or 
building  to  which  the  city  engineer  shall  assign  a  number  shall 
cause  to  be  placed  and  maintained  on  or  over  the  outside  doors 
fronting  on  the  street  or  way,  or  on  the  front  corners  of  every  tene¬ 
ment  or  building  having  their  entrance  on  the  side  thereof,  such 
number  as  shall  be  assigned  by  the  city  engineer,  said  numbers  or 
figures  not  to  be  less  than  two  inches  in  height,  and  to  be  of  material 
and  form  approved  by  the  city  engineer,  to  be  securely  fastened 
and  so  placed  as  to  be  easily  observed  from  the  street  in  front  of  the 
premises. 


NUMBERING  TENEMENTS  AND  BUILDINGS 


113 


Section  4.  Any  owner  or  occupant  of  a  tenement  or  building 
who,  after  notice  from  the  city  engineer,  neglects  or  refuses  for  a 
period  of  more  than  five  days  to  affix  to  the  same  the  number  as¬ 
signed  therefor,  or  who  affixes  upon  such  tenement  or  building, 
or  retains  thereon  for  a  similar  period  any  number  other  than  the 
one  so  assigned  shall  be  punished  by  a  fine  not  exceeding  twenty 
dollars  ($20)  for  each  offence,  and  shall  also  pay  the  expense  of 
placing  the  proper  number  on  the  tenement  or  building  by  the  city 
engineer  or  his  authorized  agent. 


114 


REVISED  ORDINANCES 


CHAPTER  20. 

ESTABLISHING  THE  OFFICE  OF  ASSISTANT  CITY  CLERK. 

Section  1.  The  office  of  assistant  city  clerk  is  hereby  estab¬ 
lished.  The  assistant  city  clerk  shall  be  appointed  by  the  city  clerk, 
sworn  to  the  faithful  discharge  of  the  duties  of  the  office,  and  hold 
office  until  a  successor  is  appointed  and  qualified;  said  assistant 
shall  assist  the  city  clerk  in  the  performance  of  the  duties  of  his 
office,  discharge  the  duties  of  the  same  when  that  officer  is  absent, 
unable  to  act  or  when  there  is  a  vacancy  in  that  office.  The 
compensation  of  the  assistant  city  clerk  shall  be  paid  from  the  ap¬ 
propriation  for  City  Clerk’s  Department. 


SALARY  OF  SEALER  OF  WEIGHTS  AND  MEASURES 


115 


CHAPTER  21. 

ESTABLISHING  THE  SALARY  OF  THE  SEALER  OF  WEIGHTS  AND 

MEASURES. 

Section  1.  The  Sealer  of  Weights  and  Measures  shall  be 
paid  a  salary  of  six  hundred  dollars  each  year. 

Section  2.  He  shall  account  for  and  pay  over  to  the  city 
treasurer  at  least  every  three  months  the  fees  received  by  him  by 
virtue  of  his  office;  at  each  time  of  such  payment  he  shall  furnish  an 
itemized  statement  of  said  fees,  and  shall  keep  a  book  in  which  he 
shall  enter  the  fees  so  received  by  him  with  the  date  of  the  receipt 
thereof  and  the  names  of  the  persons  from  whom  received;  said 
book  shall  be  open  to  the  inspection  of  the  mayor,  treasurer  and 
auditor. 


116 


REVISED  ORDINANCES 


CHAPTER  22. 

REGULATING  THE  CONSTRUCTION  AND  MAINTENANCE  OF  UNDER¬ 
GROUND  WIRES  AND  CONDUITS. 

Section  1.  No  permit  to  place  wires,  structures  and  other 
appliances  for  the  transmission  of  intelligence  by  electricity  or  other¬ 
wise  or  for  the  purpose  of  light,  heat  or  power,  under  public  ways 
or  places  shall  be  valid  until  the  person  or  corporation  to  which  such 
permit  shall  be  granted,  shall  execute  and  file  with  the  city 
clerk  a  bond,  satisfactory  in  form  to  the  city  solicitor,  with  surety 
or  sureties  approved  in  writing  by  the  mayor  and  president  of  the 
city  council  in  a  penal  sum  of  not  less  than  ten  thousand  dollars, 
conditioned  to  indemnify  and  save  harmless  the  city  of  North  Adams 
against  all  loss,  cost,  damage  and  expense  whatsoever,  to  which  the 
said  city  may  be  subjected  in  consequence  of  the  acts  or  neglects  of 
such  corporation,  its  officers,  agents  or  servants,  and  in  any  manner 
arising  from  or  growing  out  of  the  use  and  transmission  of  electricity, 
the  privileges  permitted  by  the  city,  and  the  construction,  main¬ 
tenance,  operation,  and  use  of  lines,  wires,  cables,  conduits,  con¬ 
structions,  fixtures  and  apparatus.  The  bond  shall  also  be  con¬ 
ditioned  to  fulfill  all  agreements  with  the  city,  all  the  lawful  orders, 
conditions  and  obligations  imposed  by  the  city  council  and  all 
and  duties  required  by  law,  and  by  this  ordinance  and  every  other 
ordinance,  and  all  additions  and  amendments  relating  thereto.  A 
new  bond  of  like  import,  and  with  new  surety  or  sureties  to  the 
satisfaction  of  the  mayor  and  president  of  the  city  council  shall  be 
executed  and  filed  at  any  time  upon  their  request  in  writing. 

Section  2.  Whenever  a  permit  shall  be  granted  by  the  city 
council  to  construct  and  maintain  ducts,  conduits,  manholes,  or 
other  fixtures  under  public  ways  or  places,  to  hold  or  contain  lines 
or  wires  for  the  transmission  of  intelligence  by  electricity,  or  for  any 
other  purpose,  the  person  or  corporation  to  which  such  permit  is 


UNDERGROUND  WIRES  AND  CONDUITS 


117 


granted  shall  within  thirty  days  from  the  date  of  such  permit, 
file  in  the  office  of  the  city  clerk  a  written  acceptance  without  reser¬ 
vation  of  the  location  of  such  ducts,  conduits,  manholes  or  other 
fixtures  and  of  all  the  lawful  conditions,  terms  and  provisions 
contained  in  the  permit  and  the  ordinances  of  the  city  and  future 
amendments  thereof,  and  an  agreement  to  carry  out,  observe,  per¬ 
form  and  be  subject  to  the  same;  and  in  default  of  such  written 
acceptance  and  agreement,  the  permit  and  grant  of  location  shall  be 
void.  Such  permit  and  grant  shall  likewise  be  void  and  deemed 
revoked  unless  within  six  months  after  the  filing  of  such  acceptance 
and  agreement  of  all  the  ducts,  conduits,  manholes  and  other  fix¬ 
tures  shall  have  been  constructed  and  completed,  and  unless  within 
six  months  after  such  completion  the  electric  lines  shall  be  constructed 
and  put  in  operation.  Whenever  the  operation  of  the  electric  lines 
in  any  location  granted  shall  be  discontinued  for  six  months,  the 
permit  and  grant  shall  cease  and  be  of  no  further  effect. 

Section  3.  The  city  council  having  first  given  the  person 
or  corporation  to  whom  such  permit  is  granted  opportunity  to  be 
heard  may  order  that  the  location  of  any  conduit,  manhole,  fixture, 
wire,  or  distributing  pole,  shall  be  changed  whenever  it  may  deem 
such  change  necessary,  and  shall  grant  a  substitute  location  there¬ 
for.  Whenever  the  position  of  any  conduit,  manhole,  fixture,  wire, 
or  distributing  pole  is  so  ordered  to  be  changed,  such  change  shall 
be  made  by  and  at  the  expense  of  the  owner,  in  conformity  with 
the  order,  within  thirty  days  after  notice,  and  if  not  so  changed, 
the  commissioner  of  public  works  may  cause  such  change  to  be  made 
and  the  expense  thereof  shall  be  repaid  to  the  city  by  the  owner. 

Section  4.  Every  petition  presented  to  the  city  council  for 
permission  to  lay  conduits  to  contain  wires  for  the  transmission  of 
electricity  shall  be  accompanied  by  a  plan  showing  the  exact  pro¬ 
posed  location  of  each  conduit,  manhole  and  distributing  pole. 
A  plan  showing  the  exact  location  of  each  conduit,  manhole  and 
distributing  pole  shall  be  made  and  filed  with  the  commissioner  of 
public  works  by  the  owner  within  twenty  days  after  the  construction 
of  said  conduits  and  a  duplicate  thereof  shall  be  filed  with  the  city 
clerk. 


118 


REVISED  ORDINANCES 


Section  5.  Whenever  the  commissioner  of  public  works 
shall  so  request,  every  person  or  corporation  operating  electric  or 
other  wires,  ducts,  conduits  or  manholes  under  any  public  way  or 
place,  shall  within  fifteen  days  furnish  a  plan,  showing  the  particular 
location  of  all  its  ducts,  conduits  and  manholes  and  the  usage  to 
which  the  respective  ducts  in  said  conduits  are  put,  with  specifica¬ 
tions  of  the  average  volts  charged,  and  current  used,  the  tested 
strength,  the  kind  and  number  of  lamps  or  motors  connected  with 
any  electrical  circuit,  and  the  other  electrical  appliances  and  in 
general  the  method  of  installation,  operation,  maintenance  and 
repair.  Said  plan  shall  be  in  form  and  size  to  the  satisfaction  of 
the  commissioner  of  public  works. 

Section  6.  Every  person  or  corporation  owning,  operating 
or  leasing  any  wires,  duits,  conduits,  manholes,  electrical 
structures  or  appliances  under  the  surface  of  any  street  or  way 
shall  comply  with  all  rules  and  requirements  of  the  commissioner  of 
public  works,  not  inconsistent  with  the  laws  of  the  state,  this  ordi¬ 
nance  or  any  amendments  thereto  with  respect  to  the  quality  of 
wires,  ducts,  conduits,  manholes,  distributing  poles,  structures 
and  other  appliances  and  with  respect  to  their  installation,  removal 
and  repair,  and  shall,  at  all  reasonable  times,  give  to  the  supervisor 
of  wires  access  to  such  wires,  ducts,  conduits,  manholes,  structures, 
appliances  and  apparatus. 

All  work  of  installation,  changing  or  repairs  shall  be  done  in  a 
thorough  manner  and  to  the  satisfaction  of  the  commissioner  of 
public  works. 

Section  7.  In  every  underground  conduit  one  duct  not  less 
than  three  inches  in  diameter  shall  be  reserved  and  maintained, 
free  of  charge,  for  the  use  of  the  fire  alarm,  police  and  other  tele¬ 
graph  and  telephone  signal  wires  belonging  to  the  city  and  used 
exclusively  for  municipal  purposes,  and  the  supervisor  of  wires 
shall  be  allowed  at  all  reasonable  times  facilities  and  privileges  in 
putting  in,  taking  out  or  repairing  the  city’s  wires. 

Section  8.  The  surface  of  a  street,  way  or  bridge  shall  not 
be  disturbed  for  the  purpose  of  laying,  repairing,  changing  or  re¬ 
moving  lines,  wires,  conduits,  or  manholes,  or  erecting,  altering  or 


UNDERGROUND  WIRES  AND  CONDUITS 


119 


removing,  distributing  or  other  poles  or  fixtures  used  for  carrying 
electric  lines  or  wires  without  a  permit  in  writing  from  the  com¬ 
missioner  of  public  works,  indicating  the  time,  manner  and  place 
of  opening  such  street,  and  the  time  within  which  such  work  shall 
be  completed.  But  this  provision  shall  not  be  construed  as  requiring 
any  permit  for  the  opening  of  manholes  for  the  purpose  of  drawing 
in,  removing,  or  repairing  wires,  and  cables.  Whenever  a  manhole 
is  open  the  person  or  corporation  by  whose  authority  the  same  is 
done  shall  place  a  suitable  metallic  guard  rail  around  the  opening, 
with  a  signal,  at  least  one  fopt  square,  displayed  therefrom.  When¬ 
ever  an  opening  is  made  in  any  public  way  or  bridge  for  any  of  the 
purposes  aforesaid,  such  public  way  or  bridge  shall  be  promptly 
restored  by  the  person  or  corporation  owning  or  operating  the  lines, 
wires,  ducts,  conduits,  or  manholes,  or  making  such  repairs,  to  a 
condition  satisfactory  to  the  commissioner  of  public  works  and  the 
portion  of  the  street,  way  or  bridge  so  opened  shall  be  kept  and 
maintained  in  such  condition  by  such  person  or  corporation  for  one 
year  thereafter;  and  if  not  immediately  so  restored,  kept  and  main¬ 
tained,  said  commissioner  of  public  works  may  cause  the  same 
to  be  done  at  the  expense  of  such  person  or  corporation,  without 
previous  notice  of  the  intention  so  to  do. 

Section  9.  Such  person  or  corporation  in  laying,  repairing 
or  removing  its  wires,  or  conduits,  shall  not  disturb  or  in  any  way 
interfere  with  the  gas  or  water  pipes  or  sewers,  or  pipes  therewith 
connected,  nor  with  the  wires,  conduits,  manholes  or  appliances  of 
any  other  person  or  corporation. 

Section  10.  Whenever  the  city  shall  construct,  enlarge, 
relocate,  regrade,  repair  or  alter  the  . streets,  ways  or  bridges,  or  the 
sewers,  water  pipes,  or  other  public  works,  in  streets,  ways,  and 
bridges  where  conduits  and  wires  are  laid,  which  in  the  opinion  of 
the  commissioner  of  public  works  require  the  removing  or  changing 
the  location  of  said  conduits,  wires  and  the  fixtures  appertaining 
thereto,  or  the  repairing  thereof,  said  removing,  changing  and  re¬ 
pairing  shall  be  done  without  delay  at  the  expense  of  the  person  or 
corporation  owning  or  operating  the  same.  If  not  immediately 
so  removed,  changed  or  repaired,  the  commissioner  of  public  works 


120 


REVISED  ORDINANCES 


may  cause  such  removal,  change  and  repairs  to  be  made,  and  the 
expense  thereof  shall  be  repaid  to  the  city  by  the  owner,  without 
previous  notice  of  the  intention  so  to  do. 

And  any  change  or  relocation  made  by  virtue  of  this  section, 
shall  have  the  full  force  and  effect  of  a  change  or  relocation  made 
by  virtue  of  Section  3. 

Section  11.  It  shall  be  the  duty  of  the  commissioner  of  public 
works  and  he  shall  have  the  power  to  issue,  subject  to  the  usual 
conditions,  all  permits  for  opening  and  occupying  the  streets  neces¬ 
sary  to  carry  out  the  intent  of  this  ordinance. 

Section  12.  The  commissioner  of  public  works  shall  have 
supervision  of  all  wires  under  the  streets  and  public  places  and 
of  all  conduits  and  other  structures  holding,  supporting  or  containing 
such  wires.  Whenever  any  such  wires,  conduits  or  other  structures 
are,  in  his  judgment,  unsuitable  or  unsafe,  the  person  or  corporation 
owning  or  operating  the  same  shall  immediately  upon  his  request 
repair  or  replace  the  same  to  his  satisfaction.  If  not  immediately 
repaired  or  replaced  he  may  cause  such  repairs  or  substitutions  to  be 
made  without  previous  notice  of  the  intention  so  to  do  and  the 
expense  thereof  shall  be  repaid  to  the  city  by  the  owner.  He  may 
cause  abandoned  wires,  conduits  or  other  electrical  structures 
to  be  removed. 

Section  13.  Upon  the  completion  of  a  conduit  in  any  public 
way  or  place  the  person  or  corporation  owning,  leasing  or  operating 
the  same,  shall  forthwith  remove  from  above  the  surface  of  such 
public  way  or  place  all  wires,  cables  and  conductors  and  all  poles, 
or  structures  used  in  such  way  or  place  to  support  wires,  cables  and 
conductors,  except  when  in  the  judgment  of  the  commissioner  of 
public  works  it  is  impracticable  to  remove  such  wires,  cables,  poles, 
conductors  or  structures.  This  section  shall  apply  to  long  distance 
telephone  wires  and  their  supporting  poles  or  structures ;  or  to  posts 
for  the  support  of  lamps  exclusively  or  to  poles  used  exclusively 
for  local  distribution  from  underground  wires,  cables  or  conductors. 
No  wire  shall  be  deemed  a  long  distance  telephone  wire  within  the 
meaning  of  this  section  which  is  not  connected  with  some  central 


UNDERGROUND  WIRES  AND  CONDUITS 


121 


telephone  office  in  the  city  and  which  does  not  extend  twenty-five 
miles  at  least  in  a  direct  line  from  such  central  office. 

Section  14.  Except  as  otherwise  provided  by  law,  whoever 
shall  offend  against  or  fail  to  comply  with  any  of  the  provisions  of 
this  chapter  shall  for  each  and  every  offense  forfeit  and  pay  a  penalty 
of  not  more  than  twenty  dollars  ($20) . 


122 


REVISED  ORDINANCES 


CHAPTER  23. 

PROVIDING  FOR  THE  IMPOUNDING  AND  KILLING  OF  CERTAIN  DOGS. 

Section  1.  Any  dog  owned  or  kept  in  the  city  of  North  Adams 
and  found  running  at  large  without  collar,  as  prescribed  in  chapter 
102,  section  128  of  the  revised  laws,  or  without  a  muzzle,  if  an  order 
under  the  provisions  of  section  158  of  said  chapter  be  then  in  force, 
shall  be  impounded  in  some  suitable  place  provided  therefor,  three 
days  before  being  killed,  unless  by  reason  of  disease  or  other  suffi¬ 
cient  cause  it  be  deemed  necessary  by  an  officer  having  a  warrant 
under  said  chapter  102  to  kill  such  dog  at  once. 

Section  2.  The  owner  or  keeper  of  any  dog  restrained  as 
aforesaid  may  obtain  possession  thereof  within  said  three  days 
upon  proving  ownership  and  upon  payment  of  all  license  fees  then 
due  upon  said  dog  and  upon  payment  of  an  additional  fee  of  one 
dollar. 

Section  3.  All  dogs  not  removed  as  aforesaid  from  said  pound 
within  three  days  of  the  time  of  impounding  shall  be  killed. 

Section  4.  All  police  officers  of  the  city  are  directed  to  cap¬ 
ture  and  impound  all  dogs  running  at  large  as  aforesaid. 

Approved  November  9,  1909. 


LIST  OF  ACTS  ACCEPTED 


123 


LIST  OF  ACTS  AND  PARTS  OF  ACTS  ACCEPTED  BY  THE 
CITY  OF  NORTH  ADAMS. 

312  1893  An  Act  relating  to  the  repair  of  private  drains  in  streets 

or  ways. 

455  1894  An  Act  relating  to  the  licensing  of  plumbers  and  the 

supervision  of  the  business  of  plumbing. 

74  1890  An  Act  in  relation  to  the  preservation  of  public  health 

in  cities. 

481  1894  An  Act  relating  to  the  inspection  department  of  district 

police  and  the  inspection  of  buildings.  Sections 
11  and  14  to  22  inclusive. 

208  1898  An  Act  to  provide  for  the  appointment  of  constables 

in  cities. 

314  1896  An  Act  to  provide  for  the  appointing  of  a  reserve 

police  force  in  cities. 

344  1899  An  Act  to  make  eight  hours  a  day’s  work  for  city  and 

town  employees. 

322  1901  An  Act  relative  to  the  term  of  office  of  city  clerks. 

50  R.L.  Of  Betterments  and  other  assessments,  etc.,  Sections 
1,  2,  3,  4,  5,  6,  7,  8,  9,  15,  16,  17,  23,  24,  25  and  26. 

454  1903  An  Act  to  provide  for  joint  caucuses  or  primaries  of 

all  political  and  municipal  parties.  (Action  re¬ 
voked  in  1904) . 

32  R.  L.  Section  81  relative  to  the  pensioning  of  firemen. 

373  1905  An  Act  relative  to  the  term  of  office  of  municipal 

auditors. 


LIST  OF  ACTS  OF  THE  LEGISLATURE  RELATING  TO  THE 
CITY  OF  NORTH  ADAMS. 

148  1895  An  Act  to  incorporate  the  city  of  North  Adams. 

197  1896  An  Act  to  authorize  the  city  of  North  Adams  to  issue 
bonds,  notes  or  script  for  the  purpose  of  acquiring 
land  and  of  erecting  public  buildings  thereon. 

201  1896  An  Act  to  authorize  the  city  of  North  Adams  to  issue 

bonds  for  the  purpose  of  completing  its  reservoir 
and  for  supplying  the  inhabitants  of  the  city  with 
pure  water. 


124 


REVISED  ORDINANCES 


75 

75 

123 

98 

106 

79 

110 

262 

402 

317 

254 

398 

80 

241 

305 


1897  An  Act  to  authorize  the  city  of  North  Adams  to  grade 
and  pave  its  streets  and  to  issue  bonds  or  notes 
therefor. 

1897  An  Act  to  abolish  the  Board  of  Public  Works  of  the 
city  of  North  Adams  and  for  other  purposes. 

1897  An  Act  to  authorize  the  city  of  North  Adams  to  issue 

bonds  or  notes  for  the  purpose  of  acquiring  land, 
erecting  public  school  buildings  thereon,  construct¬ 
ing  sewer  and  refunding  its  notes. 

1898  An  Act  to  provide  for  the  purchasing  of  land  for  the 

State  Normal  School  at  North  Adams. 

1899  An  Act  to  authorize  the  city  of  North  Adams  to  refund 

its  present  indebtedness. 

1899  A  Resolve  relating  to  the  purchase  of  additional  land 

for  the  use  of  the  State  Normal  School  at  North 
Adams. 

1900  An  Act  to  authorize  the  city  of  North  Adams  to  incur 

indebtedness  for  the  construction  and  maintenance 
of  sewers. 

1900  An  Act  to  change  and  establish  the  boundary  lines 
between  the  city  of  North  Adams  and  the  town  of 
Williamstown. 

1900  An  Act  to  authorize  the  city  of  North  Adams  to  take 
land  for  a  Public  Park. 

1903  An  Act  to  authorize  the  city  of  North  Adams  to  borrow 

money  outside  the  debt  limit,  for  the  improvement 
of  streets. 

1904  An  Act  relative  to  the  fire  department  of  the  city  of 

North  Adams. 

1907  An  Act  to  authorize  the  city  of  North  Adams  to  make 

additional  water  loan. 

1908  An  Act  relative  to  the  issuing  of  evidence  of  indebted¬ 

ness  for  water  supply  proposed  for  the  city  of 
North  Adams.  (Amending  chapter  398  of  the 
Acts  of  1907). 

1909  An  Act  relative  to  the  tenure  of  office  of  the  Chief  of 

the  Fire  Department  of  the  city  of  North  Adams. 
1909  An  Act  to  authorize  the  city  of  North  Adams  to  refund 
a  part  of  its  indebtedness. 


INDEX  TO 

CITY  CHARTER 


Page 

Accounts  to  be  published,  etc.,  10 

Adjournment  7,  8,  9 

Administrative  officers  appointed,  etc.,  17 

Administrative  boards  to  appoint  and  discharge  employees,  24 
Administrative  officers  and  boards  to  submit  estimates  for 

ensuing  financial  year,  26 

Almoner,  33, 34 

Assessors,  election  of,  5 

Auditor  of  accounts,  9,  19 

Auditor  to  be  almoner.  See  amendment  to  charter  33.  23 

Appropriations  for  municipal  year,  10 

Appropriations  certain  ones  to  be  ratified,  10 

certain  ones  require  majority  vote,  etc.,  12 

transfer  of,  16 

Approval  of  mayor,  14 

Appointment  of  municipal  officers,  15 

'  Appropriations  and  expenditures,  27 

Board  of  public  works,  powers,  duties,  etc.,  20 

Board  of  public  works,  abolished,  34 

to  establish  prices  for  use  of  water,  29 

to  have  power,  etc.,  of  road  com¬ 
missioners,  21 

Boards  administrative  to  submit  estimates  for  ensuing  finan¬ 
cial  year,  26 

Charter,  3,  23 

amendment  to,  13,  34 

Councilmen,  election  of,  6 


126 


INDEX  TO  CITY  CHARTER 


Page 

City  council,  organization  of,  7 

City  clerk,  choice  of,  8 

City  clerk,  duties  of,  19 

City  treasurer,  duties  of,  21 

City  solicitor,  22 

City  engineer,  22 

Civil  service,  28 

Clerk  pro  tempore,  19 

Council,  president  of,  7 

Council  not  to  make  contracts,  etc.,  9 

Council  to  cause  to  be  published  receipts  and  expenses,  10 

Councilman  not  to  hold  other  city  office,  14 

Contracts,  for  supplies,  etc.,  24 

Contracts,  certain  ones  to  be  approved  by  mayor,  etc.,  27 

Elections,  .  47  5 

Estimates  to  be  submitted,  26 

Executive  department,  3, 14 

Financial  year,  28 

Fire  department,  11 

limits,  12 

General  provisions,  25 

Government,  municipal,  3 

Hospital,  appropriation  for,  10 

Laws  to  continue  in  force,  31 

Legislative  department,  6,  7 

Loans,  bonds  and  notes,  29 

not  to  be  made  without  written  recommendation  of 

mayor,  28 

Mayor,  duties  of,  by  whom  performed  in  case  of  disability,  15 

president  of  council  to  act  in  case  of  vacancy,  16 

removal  of,  13 

Meetings,  4, 5 

of  council,  special,  8 

Municipal  officers,  appointment  of,  15 

Non-residents  not  eligible  to  certain  offices.  (See  amend¬ 
ments  33),  26 

Oath  of  mayor  and  council,  7 


INDEX  TO  CITY  CHAPTER 


127 


Page 

Officers,  administrative,  to  submit  estimates  for  ensuing 

financial  year,  26 

Officers,  administrative  17 

financial  year,  26 

Officers,  oaths  of,  18 

powers  and  duties  of,  19 

to  give  certain  information,  27 

Offices  to  become  vacant  for  certain  causes,  26 

Orders,  certain  ones  to  be  read  twice,  12 

Ordinances,  council  power  to  make,  10 

Plans  of  schools,  building  to  be  approved  by  committee,  11 

Police  department,  12 

Powers  and  duties  of  officers,  19 

President  of  council,  election  of,  7 

to  be  sworn,  8 

Proposals  for  supplies,  28 

Quorum,  6 

Record  of  official  transactions  to  be  kept,  24 

Removal  of  mayor,  13 

officers,  14 

Rights  in  streets,  granting  of,  12 

Rules  of  city  council,  8 

Salaries,  25 

School  building,  plans  to  be  approved  by  committee,  11 

committee,  election  of,  16 

committee,  vacancy  in,  number  of,  17 

department,  16 

Special  meetings  of  city  council,  8 

Streets,  laying  out  of,  etc.,  12 

Superintendent  of  schools,  election  of,  17 

Superintendent  of  outdoor  work,  appointment  of,  18 

water  works,  18 

Supplies,  proposals  for,  28 

Trustees  of  public  library,  election,  duties,  etc.,  22 

Vacancies,  councilmen,  5 

Vacancy  in  office  of  mayor,  president  of  council  to  act,  16 

Vacancy  of  school  committee,  17 

Votes,  certain  ones  to  be  approved  by  voters  of  city,  11 

wardroom,  5 

Wards,  division  into,  4,  29 


INDEX  TO 


RIVISED 

CITY  ORDINANCES 


Assistant  City  Clerk, 
Buildings, 


Chapter 

Page 

Duties, 

20 

114 

Chimneys, 

9 

84 

Class  1, 

9 

79 

Class  2, 

9 

80 

Districts  A  and  B, 

9 

77-78 

Elevator  wells  and  light 

shafts, 

9 

84 

Floors  and  roofs  of  public 

buildings,  etc., 

9 

83 

Floor  roof  timbers,  bearing  of, 

9 

82 

Foundation  walls, 

9 

81 

Footings  and  foundations, 

9 

81 

Hearths, 

9 

85 

Inspector,  examination  by, 

9 

85 

Inspector,  notice  to, 

9 

86 

Mortar, 

9 

82 

Partition  walls, 

9 

82 

Penalty  for  violation  provi¬ 

sions  of  Chap., 

9 

86 

Roof  coverings  in  District  A, 

9 

83 

Rules  for  erection,  repair  and 

construction  of, 

9 

77-86 

Special  permit,  granting  of, 

9 

82 

Supports  in  basements, 

9 

82 

INDEX  TO  REVISED  CITY  ORDINANCES 


129 


Chapter  Page 


Cemeteries, 

Bequests,  deposits  and  re¬ 
ceipts  for, 

13 

100-101 

City  Bookkeeper, 

Giving  of  bond, 

3 

45 

City  Treasurer, 

Bond  of, 

3 

42 

Custody  and  signing  of  bonds, 

3 

44 

Duties  and  obligations, 

3 

42-43 

Duties  as  to  depositing  loans, 
water  rents  or  dues, 

3 

44 

City  Treasurer, 

Payment  of  assessment  made 
by  mayor  or  council  rela¬ 
tive  to  drains,  sewers,  etc., 

3 

44 

City  Seal, 

Custody  of, 

2 

41 

Description, 

2 

41 

Use, 

2 

41 

Dogs, 

Impounding  and  killing  of, 

23 

122 

Fire  Department, 

Age  and  citizenship,  eligible 
•  as  to, 

5 

51 

Causes  for  discharge  of  mem¬ 
bers, 

5 

52 

Chief  Engineer,  Salary  of, 

5 

49 

Duties  of  captain, 

5 

51 

. 

Duties  and  regulations  of  chief 
engineer, 

5 

49-50 

Duties  of  chief  engineer  as  to 
combustible  or  explosive 
goods, 

5 

52 

Duties  of  chief  engineer  as  to 
steam  engines,  alterations 
chimneys,  etc., 

5 

53 

Duties  of  deputy  chief  engin¬ 
eer, 

5 

50 

Duties  and  of  what  it  consists, 

5 

49 

Gambling  and  drinking  pro¬ 
hibited, 

5 

54 

Hose,  cart,  hook  and  ladder, 
etc.,  use  of, 

5 

55 

130 


INDEX  TO  REVISED  CITY  ORDINANCES 


Fire  limits, 
Ice, 

Licenses, 


Milk, 


Chapter  Page 
Members  exempt  service  as 


jurors, 

5 

55 

Orders  of  chief  as  to  pulling 

down  or  demolishing  build¬ 

ing, 

5 

52 

Raising  false  alarm  or  inter¬ 

ference  with  fire  apparatus, 

5 

53 

Right  of  way  in  case  of  fire, 

5 

53-54 

Salaries  of  companies  at  Bray- 

tonville  and  Blackinton, 

5 

49 

Suspension  of  members  for  ne¬ 

glect  and  disobedience, 

5 

51-52 

Transferring  of  members, 

5 

52 

Establishment  of, 

6 

56 

Restrictions  and  regulations 

for  sale  of 

15 

103-104 

Auctioneers, 

7 

57 

Billiard,  or  pool  table, 

7 

57 

Date  of  expiration, 

7 

57 

Dealers  in  junk  and  second¬ 

hand  articles, 

7 

59-60 

Explosives  and  Inflammable 

fluids, 

7 

*  61-62 

Expressmen  and  others, 

7 

58 

General  Provisions, 

7 

•  62-63 

Hackney  carriages, 

n 

i 

58 

Hawkers  and  Peddlers, 

7 

60-61 

Intelligence  Offices, 

7 

62 

Issued  and  signed  by  Clerk, 

his  duties, 

7 

57 

Lunch  carts, 

7 

62 

Pawn  Brokers, 

7 

62 

Dairies,  Inspection  by  board 

of  health 

16 

105 

Diseases  in  family  of  person 

selling  milk  reported 

16 

106 

INDEX  TO  REVISED  CITY  ORDINANCES 


Ordinances, 


Public  Library, 


Police  department, 
Police  Department, 


Plumbing, 


131 

Chapter  Page 


Regulations  for  distribution 
and  sale,  16  105 

Expression  City  Council  of 
command — Ordered,  1  40 

Expression  City  Council  opin¬ 
ions,  facts  etc. — Resolved,  1  40 

How  and  by  whom  recorded 
and  kept,  1  40 

Time  of  going  into  effect  after 
approval  of  Mayor,  1  40 

What  shall  be  called,  1  39 

Organization  of  Board  Trus¬ 
tees,  duties  and  powers,  14  102 

Secretary,  care  and  custody  of 
books,  14  102 

Chief  of  Police — his  duties,  4  46 

Duties  of  Chief  as  to  person 
arrested,  4  47 

Duties  of  officers  as  to  waste 
of  water,  leakage,  etc.,  4  47 

Duties  as  to  nuisances,  ob¬ 
struction,  streets,  etc.,  4  47 

Duties  as  to  investigating 
accidents,  4  47 

Of  what  it  consists,  4  46 

Payment  of  fees  into  City 
Treasury,  4  47 

Pay  Roll,  date  of  prepara¬ 
tion,  4  48 

Records  and  Reports  of  Chief 
of  Police,  4  47 

Special  policemen,  4  46 

Uniform  of  members,  4  48 

Application,  8  65 

Cleanouts,  8  68 

Closets,  number  of,  8  70 


132 


INDEX  TO  REVISED  CITY  ORDINANCES 


Sealer  of  Weights  and 
Measures. 

Streets, 

Streets — Preven¬ 
tion  of  Injurious 


Chapter 

Page 

Connection, 

8 

74 

Drips— Overflow  Pipes, 

8 

75 

Exceptions, 

8 

76 

Fresh  Air  Inlet, 

8 

72 

General, 

8 

74 

House  Connection, 

8 

65 

House  Drain,  Exterior, 

Interior, 

8 

66-67 

Inspection, 

8 

73-74 

Joints, 

8 

71 

License,  Conditions  of, 

8 

64 

Plans  and  specification, 

filing  and  approval  of, 

8 

64-65 

Penalty, 

8 

76 

Pipe  Coating,  cast  iron, 

8 

75 

Pipes  covered. 

8 

67 

Pipe,  size  and  kind, 

8 

65-66 

Privy  Vaults  or  Cess-pools, 

8 

75 

Rain  water  leaders, 

8 

71-72 

Refrigerator  Waste  Pipes, 

8 

72-73 

Soil  Pipe  Trap, 

8 

72 

Soil  Pipe  Angles, 

8 

67 

Steam  Exhaust, 

8 

73 

Tank  Valves, 

8 

75 

Traps, 

8 

68 

Trap,  Grease, 

8 

73 

Water  Closets  in  Houses, 

8 

71 

Water  Closet  Tank, 

8 

70 

Waste,  size  of, 

8 

70 

Vent,  local, 

8 

69-70 

Ventilating  Traps  and  Pipes, 

8 

68-69 

Duties  and  Salary, 

21  . 

115 

Placing  of  sewer  and  water 

pipe  in, 

11 

89-90 

INDEX  TO  REVISED  CITY  ORDINANCES 


133 


Practices, 


Chapter  Page 


Air  pipe,  guns  or  missiles,  use 


of, 

12 

97 

Ashes,  coal,  sheep,  etc., 

12 

92-93 

Awnings  or  Shades,  Signs, 
Behavior,  language,  exposure 

12 

92 

of  persons, 

12 

96 

Buildings,  moving  of, 

12 

94 

Coasting  or  sliding, 

12 

97 

Dirt  or  manure,  removal  of, 

12 

96 

Eaves  or  leader  pipes, 

Fences,  lamp  posts,  etc.,  de¬ 

12 

98 

facing  of, 

12 

95 

Fireworks  or  bonfire, 

12 

95 

Gun,  pistol,  etc.,  discharge  of, 
Horses,  mules,  etc.,  breaking 

12 

95 

of, 

12 

94 

Horses,  rate  of  speed, 

12 

93 

Penalty, 

12 

99 

Snow  or  ice, 

12 

95 

Snow  or  ice,  removal  of, 

Sink  or  impure  water,  run¬ 

12 

97-98 

ning  of, 

12 

96 

Swinging  of  gates  or  doors, 

12 

96 

Sprinkling, 

Streets,  crossways,  etc,,  ob¬ 

12 

98 

struction  of, 

Tables  or  devices  for  gamb- 

12 

96-97 

ling, 

12 

95 

Tables  for  sale  of  fruit,  etc., 
Trees,  cutting  of — fastening 

12 

95 

horses  to, 

When  dug  up — what  shall  be 

12 

96 

done, 

12 

91 

Wood,  sawing  or  piling, 
Vehicles,  push  carts,  etc., 

12 

95 

standing  of, 

12 

94 

134 


INDEX  TO  REVISED  CITY  ORDINANCES 


Chapter  Page 

Streets,  Numbering  Tenements  and 


Buildings, 

19 

112-113 

Prohibiting  persons  under  16 
years  after  9  P.  M., 

18 

110-111 

Streets  or  Highways, 

Laying  out,  locating  anew, 
altering  or  discontinuing  of, 

10 

87-88 

Tax  Collector, 

Duties  as  to  depositing  tax 
money, 

3 

44 

Date  of  payment, 

3 

44 

Issue  of  tax  bills  and  sending 
notices, 

3 

43-44 

Underground  Wires 
and  Conduits, 

Construction  and  Mainten¬ 
ance, 

22 

116-121 

Under  supervision  of  Com¬ 
missioner  Public  Works, 

22 

120 

Wires, 

Inspector — duties, 

17 

108 

Wir  ing  within  Buildings, 

17 

108-109 

CITY  OF  NORTH  ADAMS 


In  the  Year  Nineteen  Hundred  and  Ten 


AN  ORDINANCE 

amending  section  one  of  chapter  four  of  the  revised 
ORDINANCES  OF  1909. 

Be  it  ordained  by  the  City  Council  of  No?'th  Adams ,  as  follows  : 

Section  I.  Section  one  of  chapter  four  of  the  Revised  Ordi¬ 
nances  of  1909,  is  hereby  amended  by  striking1  out  the  word  “eighteen” 
and  inserting  in  place  thereof  the  word — nineteen — so  as  to  read  as 
follows  : — Section  I.  A  police  department  is  hereby  established,  which 
shall  consist  of  a  chief  of  police,  two  captains  and  nineteen  patrolmen, 
who  shall  severally  be  appointed  by  the  mayor  and  who  shall 
hold  their  respective  offices  during  good  behavior  and  until 
removed  as  provided  by  law.  They  shall  under  the  regulations  pre¬ 
scribed  by  the  city  council  and  such  rules  of  discipline  as  may  be 
prescribed  by  the  mayor,  perform  all  duties  required  of  them  as  day 
and  night  police,  in  accordance  with  the  ordinances  of  the  city  and 
the  laws  of  the  state. 


Approved ,  October  5,  1910. 


S10H11 1)  JO  A1ISHAI1W 
3H1  30 
Aiwaan  3Hi 


CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Eleven. 


AN  ORDINANCE. 

AMENDING  SECTION  ONE  OF  CHAPTER  TWENTY-ONE  OF  THE 
REVISED  ORDINANCES  OF  1909. 

Be  it  ordained,  by  the  City  Council  of  North  A  dams ,  as  follows  : 

Section  I.  Section  one  of  chapter  twenty-one  of  the  Revised 
Ordinances  of  1909,  is  hereby  amended  by  striking  out  the  word  “six” 
and  inserting  in  place  thereof  the  word — nine — so  as  to  read  as 
follows  : — Section  I.  The  Sealer  of  Weights  and  Measures  shall  be 
paid  a  salary  of  nine  hundred  dollars  each  year. 

Approved ,  December  6}  1911 . 


Munn  JO  my 
m  jd 
Mmn  m 


3,ii  sn 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Fourteen. 


AN  ORDINANCE. 

Establishing  a  Tax  Limit. 

Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  I.  The  taxes  assessed  on  property  in  the  city  of 
North  Adams,  exclusive  of  the  state  tax  and  other  amounts  assessed 
upon  the  city  by  the  commonwealth,  the  county  tax  and  sums  required 
by  law  to  be  raised  on  account  of  the  city  debt,  shall  not  in  any  year 
succeeding-  the  passage  of  this  ordinance,  exceed  twelve  dollars  on 
every  one  thousand  dollars  of  the  average  of  the  assessors’  valuation 
of  the  taxable  property  for  the  preceding  three  years,  such  valuation 
being  first  reduced  by  the  amount  of  all  abatements  allowed  thereon 
previous  to  the  thirty-first  day  of  December  in  the  year  preceding  said 
assessment. 


Approved ,  March  4,  1914. 


TIE  LIBRARY 
OF  THE 

UNIVERSITY  OF  II LINGIS 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Fifteen 


AN  ORDINANCE 


AMENDING  CHAPTER  THREE  OF  THE  REVISED  ORDINANCES  OF  1909, 
REFERRING  TO  TIME  OF  PAYMENT  OF  TAXES 
AND  INTEREST  THEREON. 


Be  it  ordained  by  the  City  Council  of  North i  Adams ,  as  follows : 


Section  I.  Chapter  three  of  the  Revised  Ordinances  of  1909, 
is  hereby  amended  by  striking  out  section  six  and  inserting  in  place 
thereof  the  following: — Section  6.  The  collector  of  taxes  shall 
mail  the  tax  bills  or  notices  to  residents  and  non-residents  assessed 
for  real  or  personal  property,  as  soon  as  possible  after  the  tax  lists 
and  warrant  are  delivered  to  him  by  the  assessors;  and  the  bills  or 
notices  thereof  shall  be  sent  to  all  persons  assessed  for  a  poll  tax 
only,  on  or  before  the  second  day  of  September  in  the  year  in  which 
the  poll  tax  is  assessed.  All  taxes  shall  be  due  and  payable  not 
later  than  the  fifteenth  pay  of  October  of  each  year,  and  on  all  taxes 
remaining  unpaid  after  the  first  day  of  November,  interest  shall  be 
paid  at  the  rate  of  ten  per  cent  per  annum,  from  the  fifteenth  day  of 
October  in  the  year  in  which  they  are  assessed  until  such  taxes  are 
paid. 


Approved  July  7,  1915 


WiiBmr 


CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Fifteen. 


AN  ORDINANCE. 

In  Relation  to  Hawkers  and  Pedlers. 

Be  it  07' darned,  by  the  City  Council  of  North  Adams,  as  follows  : 

Section  1.  No  person  except  one  engaged  in  the  pursuit  of  agri¬ 
culture  shall  go  about  from  place  to  place  within  this  city  exposing  for 
sale  or  selling,  fruit  or  vegetables  in  or  from  any  cart,  wagon,  or  other 
vehicle,  or  in  any  manner,  without  a  license  therefor  from  the  Board  of 
Health,  or  from  the  Commissioner  of  Weights  and  Measures  of  the  Com¬ 
monwealth. 

Section  2.  The  board  of  health  shall  have  authority  to  grant  or  re¬ 
voke  all  licenses  provided  for  in  this  ordinance,  and  said  licenses  shall  ex¬ 
pire  one  year  from  the  date  of  issue,  and  the  fee  therefore  shall  be  ten 
dollars,  which  shall  be  turned  over  to  the  city  treasurer  for  the  use  of  the 
city. 

Section  3.  Before  a  license  is  granted  under  this  ordinance,  the 
applicant  shall  present  a  certificate  from  the  sealer  of  weights  and  measures 
of  this  city,  stating  that  all  weights,  measures,  balances,  or  other  weigh¬ 
ing  or  measuring  devices  intended  to  be  used  by  the  applicant  in  connec¬ 
tion  with  the  license  for  which  application  is  made,  has  been  tested  and 
sealed  by  him. 

Section  4.  No  hawker  or  pedler  shall  sell,  offer,  or  expose  for  sale, 
any  of  the  articles  enumerated  in  section  15  of  chapter  65  of  the  Revised 
Laws  or  acts  in  amendment  thereof  or  in  addition  thereto,  except  news¬ 
papers  and  ice,  until  he  has  recorded  his  name  and  residence  with  the 
board  of  health. 

Section  5.  Every  hawker  and  pedler  licensed  as  aforesaid  shall  be 
assigned  a  number,  and  shall  have  his  name  and  number  conspicuously 
displayed  upon  his  vehicle  in  letters  not  less  than  two  inches  in  height. 

Section  6.  No  person  hawking,  pedling  or  carrying  or  exposing  for 
sale  any  of  the  articles  enumerated  in  said  section  15,  chapter  65  of  the 
Revised  Laws  as  amended,  shall  cry  his  wares  to  the  disturbance  of  the 
peace  and  comfort  of  the  inhabitants  of  the  city,  nor  shall  carry  or  convey 
such  articles  in  any  manner  that  will  tend  to  injure  or  disturb  the  public 
health  or  comfort  nor  otherwise  than  in  vehicles  and  receptacles  which  are 
neat  and  clean  and  do  not  leak  ;  and  said  vehicles  shall  at  all  times  be 
subject  to  inspection  by  the  board  of  health  or  its  agent. 

Section  7.  Nothing  in  this  ordinance  shall  be  construed  as  conflict¬ 
ing  with  any  license  issued  under  authority  of  The  Commonwealth. 

Section  8.  Whoever  violates  any  provision  of  this  ordinance  shall 
be  punished  by  a  fine  not  exceeding  twenty  dollars  for  each  offence. 

Section  9.  Any  ordinance,  or  parts  of  ordinances,  inconsistent 
herewith  are  hereby  repealed. 


Approved ,  September  10,  1915. 


THE  LIBRARY 
OF  THE 

UHIVERSITY  OF  II.LIKOIS 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Fifteen 


AN  ORDINANCE 

AMENDING  CHAPTER  FIVE  OF  THE  REVISED  ORDINANCES  OF  1909 
(Relating  to  the  Fire  Department) 

Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  I.  Section  one  of  chapter  five  of  the  Revised  Ordi¬ 
nances  of  1909,  is  hereby  amended  by  striking  out  section  one  and  in¬ 
serting  in  place  thereof  the  following: — Section  I.  The  fire  depart¬ 
ment  shall  consist  of  a  chief  engineer,  and  a  deputy  chief  engineer  who 
shall  be  a  permanent  fireman  in  addition  to  the  permanent  men  here¬ 
inafter  mentioned  ;  one  hose  company  consisting  of  a  captain,  a 
lieutenant,  two  permanent  men  and  eight  call  men  ;  one  hose  company 
consisting  of  a  captain,  a  lieutenant,  three  permanent  men  and  eight 
call  men  ;  one  hose  company  consisting  of  a  captain,  a  lieutenant, 
three  permanent  men  and  seven  call  men  ;  a  hook  and  ladder  com¬ 
pany  consisting  of  a  captain,  a  lieutenant,  two  permanent  men  and  five 
call  men  ;  a  hose  and  hook  and  ladder  company  at  Braytonville,  so 
called,  to  consist  of  a  captain,  a  lieutenant,  and  thirteen  call  men  ;  and 
a  hose  company  at  Blackinton,  so  called,  to  consist  of  a  captain,  a 
lieutenant,  and  ten  call  men  ;  who  shall  severally  be  appointed  by  the 
mayor,  and  who,  except  the  chief  engineer,  shall  hold  their  respective 
offices  during  good  behavior  and  until  removed  according  to  law. 
The  members  of  the  fire  department  shall,  under  the  regulations  pre¬ 
scribed  by  the  city  council,  and  such  rules  of  discipline  as  may  be  pre¬ 
scribed  by  the  mayor  perform  all  duties  required  of  them  in  accordance 
with  the  ordinances  of  the  city  and  the  laws  of  the  state. 


Approved ,  January  1 ,  1916. 


T WE  LIBRARY 
OF  THE 

umvEasirir  of  iiunois 


CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Sixteen. 


AN  ORDINANCE. 

Amending  an  Ordinance  in  Relation  to  Hawkers  and  Pedlers. 
Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  1.  Section  one  of  an  ordinance  in  relation  to  hawkers 
and  pedlers,  approved  September  10,  1915,  is  hereby  amended  by  in¬ 
serting  after  the  word  “selling”,  the  word-fish-so  as  to  read  as  fol¬ 
lows  :-Section  1.  No  person  except  one  engaged  in  the  pursuit  of 
agriculture  shall  go  about  from  place  to  place  within  this  city  expos¬ 
ing  for  sale  or  selling,  fish,  fruit  or  vegetables  in  or  from  any  cart, 
wagon,  or  other  vehicle,  or  in  any  manner,  without  a  license  therefor 
from  the  Board  of  Health,  or  from  the  Commissioner  of  Weights  and 
Measures  of  the  Commonwealth. 

Section  2.  Section  two  of  said  ordinance  is  hereby  amended  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following 
Section  2.  The  board  of  health  shall  have  authority  to  grant,  to  any 
person  of  good  repute  for  morals  and  integrity  who  is,  or  has  declared 
his  intention  to  become  a  citizen  of  the  United  States,  all  licenses 
provided  for  in  this  ordinance  and  may  revoke  the  same  ;  said  licenses 
shall  expire  one  year  from  the  date  of  issue,  and  the  fee  therefor  shall  be 
ten  dollars,  which  shall  be  turned  over  to  the  city  treasurer  for  the 
use  of  the  city. 

Section  3.  Section  four  of  said  ordinance  is  hereby  amended 
by  inserting  after  the  word  “pedler”,  the  words-or  other  person- 
so  as  to  read  as  follows  :~Section  4.  No  hawker  or  pedler  or  other 
person  shall  sell,  offer,  or  expose  for  sale,  any  of  the  articles  enume¬ 
rated  in  section  15  of  chapter  65  of  the  Revised  Laws  or  acts  in  amend¬ 
ment  thereof  or  in  addition  thereto,  except  newspapers  and  ice,  until 
he  has  recorded  his  name  and  residence  with  the  board  of  health. 

Section  4.  Section  five  of  said  ordinance  is  hereby  amended  by 
striking  out  after  the  word  “pedler”,  the  words,  “licensed  as  afore¬ 
said  ”,  and  inserting  in  place  thereof,  the  words-and  other  person 
named  in  Section  4, -so  as  to  read  as  follows  Section  5.  Every 
hawker  and  pedler  and  other  person,  named  in  Section  4,  shall  be 
assigned  a  number,  and  shall  have  his  name  and  number  conspicu¬ 
ously  displayed  upon  his  vehicle  in  letters  not  less  than  two  inches  in 
height. 


Approved,  July  6 ,  1916 


-"■Sr- 

Mrvan  jgj 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Sixteen 


AN  ORDINANCE 

AMENDING  SECTION  TWO  OF  CHAPTER  FIVE  OF  THE  REVISED 
ORDINANCES  OF  1909. 

(Relating  to  the  Fire  Department) 

Be  it  ordained  by  the  City  Council  of  North  Adams,  as  follows  : 

Section  I.  Section  two  of  chapter  five  of  the  Revised  Ordi¬ 
nances  of  1909,  is  hereby  amended  by  striking  out  the  word  “twelve” 
in  the  second  line  of  the  first  paragraph,  and  inserting  in  place  there¬ 
of  the  word — fifteen — ,  so  that  said  section  will  read  as  follows  : — Sec¬ 
tion  2.  The  salary  of  the  Chief  of  the  Fire  Department  shall  be 
fifteen  hundred  dollars  per  annum. 

The  salaries  of  the  members  of  said  companies  at  Braytonville 
and  Blackinton  shall  be  as  follows  :  Captains,  fifteen  dollars,  Lieuten¬ 
ants,  twelve  dollars,  and  call  men,  ten  dollars,  each  per  annum. 


Approved ,  December  23,  1916. 


(HE  LIBRARY 
GF  THE  .11  _ 
UNIVERSITY  iftf 

UNIVERSITY  QF  HU»u.S 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Seventeen 


AN  ORDINANCE 


AMENDING  SECTION  TWENTY-TWO  OF  CHAPTER  TWELVE  OF  THE 
REVISED  ORDINANCES  OF  1909 

(In  relation  to  the  sale  of  Fireworks  and  Firecrackers) 

Be  it  ordained  by  the  City  Council  of  North  Adams,  as  follows  : 

Section  I.  Section  twenty-two  of  chapter  twelve  of  the  Re¬ 
vised  Ordinances  of  1909  is  hereby  amended  by  adding  at  the  end  thereof 
the  following  : — And  no  person  shall  give  away,  sell,  or  offer  for  sale, 
or  have  in  his  possession  with  intent  to  sell,  within  the  city,  any  fire¬ 
works  or  firecrackers  :  provided,  however,  that  for  the  purpose  of  any 
public  celebration,  the  mayor  may,  in  his  discretion,  authorize  the 
granting  of  permits  for  the  sale  of  fireworks  and  firecrackers  during  a 
designated  period  of  time, — so  as  to  read  as  follows  Section  22. 
No  person  shall  set  fire  to  any  rocket,  cracker,  squib,  serpent,  or 
other  fireworks  or  make  any  bonfire  in  any  street,  lane,  highway, 
public  square,  or  common  in  the  city  without  permission  from  the 
mayor.  And  no  person  shall  give  away,  sell,  or  offer  for  sale,  or 
have  in  his  possession  with  intent  to  sell,  within  the  city,  any  fire¬ 
works  or  firecrackers  :  provided,  however,  that  for  the  purpose  of  any 
public  celebration,  the  mayor  may,  in  his  discretion,  authorize  the 
granting  of  permits  for  the  sale  of  fireworks  and  firecrackers  during  a 
designated  period  of  time. 


Approved,  fune  28,  1917. 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Seventeen 


AN  ORDINANCE 


AMENDING  SECTION  TWENTY-TWO  OF  CHAPTER  TWELVE  OF  THE 
REVISED  ORDINANCES  OF  1909 

(In  relation  to  the  sale  of  Fireworks  and  Firecrackers) 

Be  it  ordained  by  the  City  Council  of  North  Adams,  as  follows  : 

Section  I.  Section  twenty-two  of  chapter  twelve  of  the  Re¬ 
vised  Ordinances  of  1909  is  hereby  amended  by  adding  at  the  end  thereof 
the  following  : — And  no  person  shall  give  away,  sell,  or  offer  for  sale, 
or  have  in  his  possession  with  intent  to  sell,  within  the  city,  any  fire¬ 
works  or  firecrackers  :  provided,  however,  that  for  the  purpose  of  any 
public  celebration,  the  mayor  may,  in  his  discretion,  authorize  the 
granting  of  permits  for  the  sale  of  fireworks  and  firecrackers  during  a 
designated  period  of  time, — so  as  to  read  as  follows: — Section  22. 
No  person  shall  set  fire  to  any  rocket,  cracker,  squib,  serpent,  or 
other  fireworks  or  make  any  bonfire  in  any  street,  lane,  highway, 
public  square,  or  common  in  the  city  without  permission  from  the 
mayor.  And  no  person  shall  give  away,  sell,  or  offer  for  sale,  or 
have  in  his  possession  with  intent  to  sell,  within  the  city,  any  fire¬ 
works  or  firecrackers  :  provided,  however,  that  for  the  purpose  of  any 
public  celebration,  the  mayor  may,  in  his  discretion,  authorize  the 
granting  of  permits  for  the  sale  of  fireworks  and  firecrackers  during  a 
designated  period  of  time. 


Approved ,  fune  28,  1917. 


CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Seventeen 


AN  ORDINANCE 

amending  sections  38,  39  and  40,  of  chapter  12  of  the 
REVISED  ORDINANCES  OF  1909 

(In  relation  to  removal  of  snow  and  ice  from  sidewalks) 

Be  it  Ordained  by  the  City  Council  of  North  Adams,  as  follows: 

Section  1.  Section  thirty-eight  of  chapter  twelve  of  the 
Revised  Ordinances  of  1909  is  hereby  amended  by  striking  out  the 
word  ‘‘eighteen”  and  inserting  in  place  thereof  the  word  —  twelve  — , 
so  as  to  read  as  follows :  Section  38.  The  tenant,  occupant,  and 
in  case  there  be  no  tenant,  the  owner  or  person  having  the  care  of 
any  estate  abutting  upon  any  street,  lane,  court  or  square  within 
the  city  where  there  is  a  sidewalk  which  now  is  or  may  hereafter 
be  established  or  set  apart  as  such,  shall,  after  the  ceasing  to  fall  of 
any  snow  thereon,  within  twelve  hours  cause  the  same  to  be  removed 
therefrom. 

Section  2.  Section  thirty-nine  of  said  chapter  is  hereby 
amended  by  striking  out  the  word  “eighteen”  and  inserting  in  place 
thereof  the  word  —  twelve  —  so  as  to  read  as  follows  :  Section  39. 
Whenever  any  snow  shall  be  collected  or  deposited  upon  any  side¬ 
walk  mentioned  in  the  preceding  section,  either  by  falling  from  some 
adjoining  building  or  by  drifting  upon  said  sidewalk,  the  tenant, 
occupant  and  in  case  there  be  no  tenant,  the  owner  or  person  having 
charge  of  the  estate  abutting  upon  said  sidewalk,  shall  within  twelve 
hours  after  its  being  so  collected  or  deposited  cause  the  same  to  be 
removed  therefrom. 

Section  3.  Section  forty  of  said  chapter  is  hereby  amended 
by  striking  out  the  whole  of  said  section  and  inserting  in  place 
thereof  the  following  :  Section  40.  Whenever  any  sidewalk  shall 
be  encumbered  with  snow  or  ice  contrary  to  the  provisions  of  the 
two  preceding  sections,  it  shall  be  the  duty  of  the  chief  of  police  to 
notify  or  cause  to  be  notified  the  tenant  or  occupant,  or  in  case 
there  be  no  occupant,  the  owner  or  person  having  the  care  of  the 
estate  abutting  thereon,  to  cause  such  sidewalk  to  be  made  safe  and 
convenient  for  travel  by  removing  the  snow,  and  as  far  as  practica¬ 
ble,  the  ice  therefrom,  within  six  hours  from  the  time  of  receiving 
such  notice. 

Whoever  violates  any  of  the  provisions  of  this  or  the  two  pre¬ 
ceding  sections  shall  forfeit  the  sum  of  ten  dollars  for  each  offence, 
which  may  be  recovered  on  complaint  before  the  District  Court. 

Whenever  the  party  or  parties  whose  duty  it  is  to  remove  such 
snow  or  ice  in  accordance  with  this  section  shall  neglect  to  do  so 
for  the  period  named,  it  shall  be  the  duty  of  the  commissioner  of 
public  works  to  cause  the  same  to  be  removed  and  to  enforce  the 
forfeiture  herein  provided. 


Approved  November  10,  1917. 


Tit  ilmtit 
„  8F  THE 

ump,MY  OF  H  ums 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Seventeen 


AN  ORDINANCE 

AMENDING  SECTION  ONE  OF  CHAPTER  TWELVE  OF  THE 
REVISED  ORDINANCES  OF  1909 

Be  it  Ordained  by  the  City  Council  of  North  Adams,  as  follows: 

Section  1.  Section  one  of  chapter  twelve  of  the  Revised 
Ordinances  of  1909,  is  hereby  amended  by  adding  at  the  end 
thereof :  —  and  shall  give  bond  with  sureties  satisfactory  to  the 
commissioner  of  public  works,  in  a  sum  not  less  than  $1,000  for  the 
faithful  performance  of  said  agreement. 


Approved ,  November  17 ,  1917. 


flit  LIBRARY 
OF  THE 

UNIVERSITY  OF  Illinois 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Seventeen 


AN  ORDINANCE 

AMENDING  SECTION  TWO  OF  CHAPTER  SEVENTEEN  OF  THE 
REVISED  ORDINANCES  OF  1909 

(Relative  to  Salary  of  Inspector  of  Wires) 

Be  it  Ordained  by  the  City  Council  of  North  Adams ,  as  follows: 

Section  1.  Section  two  of  chapter  seventeen  of  the  Revised 
Ordinances  of  1909,  is  hereby  amended  by  striking-  out  the  words 
“one  thousand”,  and  inserting  in  place  thereof  the  words  —  twelve 
hundred  and  fifty,  —  so  as  to  read  as  follows  :  Section  2.  Such 
inspector  shall  give  his  whole  time  to  the  city,  and  for  all  services 
shall  be  paid  twelve  hundred  and  fifty  dollars  each  year. 


Approved  December  5,  1917 . 


m 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Seventeen 


AN  ORDINANCE 

AMENDING  SECTION  ONE  OF  CHAPTER  TWENTY-ONE  OF  THE 
REVISED  ORDINANCES  OF  1909 

(In  relation  to  Salary  of  Sealer  of  Weights  and  Measures) 

Be  it  Ordained  by  the  City  Council  of  North  Adams,  as  follows: 

Section  1.  Section  one  of  chapter  twenty-one  of  the  Revised 
Ordinances  of  1909,  as  amended  by  an  ordinance  approved  Decem¬ 
ber  6,  1911,  is  hereby  further  amended  by  striking  out  the  word 
“nine”  and  inserting  in  place  thereof  the  word  —  eleven  — so  as  to 
read  as  follows  :  Section  1.  The  Sealer  of  Weights  and  Measures 
shall  be  paid  a  salary  of  eleven  hundred  dollars  each  year. 


Approved  December  5 ,  1917 . 


if  UH*f.4fTf 

Of  fBE 

MfSiWfeHiEITy  OF  II  f  In, ns 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Nineteen. 


AN  ORDINANCE 

Fixing  a  Tax  Limit. 


Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows: 

Section  I.  Section  one  of  an  Ordinance  Establishing  a 
Tax  Limit,  approved,  March  4,  1914,  is  hereby  amended  by 
striking  out  the  word  “twelve”  and  inserting  in  place  thereof  the 
word — fifteen — ,  so  as  to  read  as  follows  :  Section  1.  The  taxes 
assessed  on  property  in  the  city  of  North  Adams,  exclusive  of 
the  state  tax  and  "other  amounts  assessed  upon  the  city  by  the 
commonwealth,  the  county  tax  and  sums  required  by  law  to  be 
raised  on  account  of  the  city  debt,  shall  not  in  any  year  succeed- 
ingthe  passage  of  this  ordinance,  exceed  fifteen  dollars  on  every 
one  thousand  dollars  of  the  average  of  the  assessors’  valuation 
of  the  taxable  property  for  the  preceding  three  years,  such  valua¬ 
tion  being  first  reduced  by  the  amount  of  all  abatements  allowed 
thereon  previous  to  the  thirty-first  day  of  December  in  the  year 
preceding  said  assessment. 


Approved ,  March  18 ,  1919. 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Nineteen 


AN  ORDINANCE 

AMENDING  CHAPTER  FOUR  OF  THE  REVISED  ORDINANCES  OF  1909. 

(Relating-  to  the  Police  Department) 

Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  1.  Section  one  of  chapter  four  of  the  Revised  Ordinances 
of  1909,  as  amended  by  an  ordinance  approved  October  5,  1910,  is 
hereby  further  amended  by  striking  out  the  word  “nineteen”  and 
inserting  in  place  thereof  the  word  — twenty-one —  so  as  to  read  as 
follows  : — Section  1.  A  police  department  is  hereby  established, 
which  shall  consist  of  a  chief  of  police,  two  captains  and  twenty-one 
patrolmen,  who  shall  severally  be  appointed  by  the  mayor  and  who 
shall  hold  their  respective  offices  during  good  behavior  and  until  re¬ 
moved  as  provided  by  law.  They  shall  under  the  regulations  pre¬ 
scribed  by  the  city  council  and  such  rules  of  discipline  as  may  be  pre¬ 
scribed  by  the  mayor,  perform  all  duties  required  of  them  as  day  and 
night  police,  in  accordance  with  the  ordinances  of  the  city  and  the 
laws  of  the  state. 


Approved ,  August  12,  1919. 


fir  \HE 
uaivfeRsvn  of 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Nineteen 


AN  ORDINANCE 

AMENDING  CHAPTER  FIVE  OF  THE  REVISED  ORDINANCES  OF  1909. 

(Relating  to  the  Fire  Department) 

Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  1.  Section  one  of  chapter  five  of  the  Revised  Ordinances 
of  1909,  as  amended  by  an  ordinance  approved  January  1,  1916,  is 
hereby  further  amended  by  striking:  out  section  one  and  insetting:  in 
place  thereof  the  following:: — Section' 1.  The  fire  department  shall 
consist  of  a  chief  engineer,  and  a  deputy  chief  engineer  who  shall  be  a 
permanent  fireman  in  addition  to  the  permanent  men  hereinafter  men¬ 
tioned  ;  one  hose  company  consisting:  of  a  captain,  a  lieutenant,  five 
permanent  men  and  five  call  men  ;  one  hose  company  consisting:  of  a 
captain,  a  lieutenant,  three  permanent  men  and  seven  call  men  ;  one 
hose  company  consisting:  of  a  captain,  a  lieutenant,  three  permanent 
men  and  seven  call  men  ;  a  hook  and  ladder  company  consisting-  of  a 
captain,  a  lieutenant,  four  permanent  men  and  four  call  men  ;  a  hose 
and  hook  and  ladder  company  at  Braytonville,  so  called,  to  consist  of 
a  captain,  a  lieutenant,  and  thirteen  call  men  ;  and  a  hose  company  at 
Blackinton,  so  called,  to  consist  of  a  captain,  a  lieutenant,  and  ten 
call  men  ;  who  shall  severally  be  appointed  by  th<*  mayor,  and  who, 
except  the  chief  engineer,  shall  hold  their  respective  offices  during 
good  behavior  and  until  removed  according  to  law.  The  members  of 
the  fire  department  shall,  under  the  regulations  prescribed  by  the  city 
council,  and  such  rules  of  discipline  as  may  be  prescribed  by  the  mayor, 
perform  all  duties  required  of  them  in  accordance  with  the  ordinances 
of  the  city  and  the  laws  of  the  state. 

Section  2.  This  ordinance  shall  take  effect  on  the  first  day  of 
December,  1919. 


Approved,  August  12,  1919 . 


0?' 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Nineteen 


f. 

AN  ORDINANCE 

AMENDING  SECTION  ONE  OF  CHAPTER  TWENTY-ONE  OF  THE 
REVISED  ORDINANCES  OF  1909. 

(In  relation  to  Salary  of  Sealer  of  Weights  and  Measures) 

Be  it  Ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  1.  Section  one  of  chapter  twenty-one  of  the  Revised 
Ordinances  of  1909,  as  amended  by  an  ordinance  approved  Decem¬ 
ber  6,  1911,  and  an  ordinance  approved  December  5,  1917,  is  hereby 
further  amended  by  striking  out  the  word  “eleven”  and  inserting 
in  place  thereof  the  word  —  thirteen  —  so  as  to  read  as  follows  : 
Section  1.  The  Sealer  of  Weights  and  Measures  shall  be  paid  a 
salary  of  thirteen  hundred  dollars  each  year. 


Approved ,  December  3,  1919. 


THE  LIBRARY 
OF  IRE 

UNIVERSITY  OF  ILLINOIS 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Nineteen 


AN  ORDINANCE 

AMENDING  section  one  of  chapter  twenty-one  of  the 
revised  ordinances  of  1909. 

(In  relation  to  Salary  of  Sealer  of  Weights  and  Measures) 

Be  it  Ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  1.  Section  one  of  chapter  twenty-one  of  the  Revised 
Ordinances  of  1909,  as  amended  by  an  ordinance  approved  Decem¬ 
ber  6,  1911,  by  an  ordinance  approved  December  5,  1917,  and  an 
ordinance  approved  December  3,  1919,  is  hereby  further  amended  by 
striking  out  the  word  “thirteen”  and  inserting  in  place  thereof  the 
word  —  sixteen  —  and  by  striking  out  the  words  “each  year”  and 
inserting  in  place  thereof  the  words  —  for  and  during  the  municipal 
year  1920  —  so  as  to  read  as  follows  :  Section  1.  The  Sealer  of 
Weights  and  Measures  shall  be  paid  a  salary  of  sixteen  hundred 
dollars  for  and  during  the  municipal  year  1920. 


Approved  Feb?'uary  20,  1920. 


lllltf  fc 


ftV  Jilt 

Mflt  ®f 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Twenty 


AN  ORDINANCE 

AMENDING  SECTION  TWO  OF  CHAPTER  SEVENTEEN  OF  THE 
REVISED  ORDINANCES  OF  1909 

(In  relation  to  Salary  of  Inspector  of  Wires) 

Be  it  Ordained  by  the  City  Council  of  North  Adams,  as  follows  : 

Section  1.  Section  two  of  chapter  seventeen  of  the  Revised 
Ordinances  of  1909,  as  amended  by  an  ordinance  approved  Decem¬ 
ber  5,  1917,  is  hereby  further  amended  by  striking  out  the  words 
“twelve  hundred  and  fifty’  ’  and  inserting  in  place  thereof  the  words 
— at  the  rate  of  eighteen  hundred  and  twenty-five — and  by  striking 
out  the  words  “each  year”  and  inserting  in  place  thereof  the  words 
— for  and  during  the  municipal  year  1920 — so  as  to  read  as  follows  : 
Section  2.  Such  Inspector  shall  give  his  whole  time  to  the  city, 
and  for  all  services  shall  be  paid  at  the  rate  of  eighteen  hundred  and 
twenty-five  dollars  for  and  during  the  municipal  year  1920. 


Approved  May  11,  1920. 


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UMAR1 


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CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Twenty-one. 


AN  ORDINANCE 


AMENDING  SECTION  17  OF  CHAPTER  5  OF  THE  REVISED 
ORDINANCES  OF  1909. 

(In  relation  to  reserve  space  at  Fire  Hydrants.) 

Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows: 

Section  I .  Section  seventeen  of  Chapter  5  of  the  Revised  Ordi¬ 
nances  of  1909  is  hereby  amended  by  inserting-  after  the  word  “fire” 
in  the  twelfth  line,  the  words — or  permit  any  vehicle  to  stand  within 
an  area  of  seven  feet  on  each  side  of  a  fire  hydrant ;  reserved  space  at 
hydrants  on  paved  streets  shall  be  marked  by  a  white  line  at  right 
angles  to  the  curb  at  a  distance  of  seven  feet  each  side  of  hydrants — 
so  as  to  read  as  follows  : — Section  17.  In  case  of  fire,  the  fire  depart¬ 
ment,  its  officers  and  members,  with  their  horses,  machines  and  equip¬ 
ment,  shall  have  the  right  of  way  in  the  public  streets  and  ways  of  the 
city,  as  against  all  other  persons,  vehicles,  or  animals,  and  no  person 
shall  hinder  or  obstruct  them  in  the  free  passage  therein,  nor  drive  over 
any  hose,  belonging  to  the  fire  department,  with  any  carriage  or  other 
vehicle  or  remove,  injure  or  in  any  manner  disturb  the  members  there¬ 
of,  their  horses,  machines,  hose  or  equipment,  when  stationed,  located, 
or  laid  in  any  street,  except  under  direction  of  the  officer  in  command 
thereat.  No  person  shall  cause  any  vehicle  or  animal  to  be  hitched, 
or  stand  in  front  of  any  hose  house  or  place  where  fire  apparatus  is 
kept  for  use  at  a  fire  or  permit  any  vehicle  to  stand  within  an  area  of 
seven  feet  on  each  side  of  a  fire  hydrant ;  reserved  space  at  hydrants 
on  paved  streets  shall  be  marked  by  a  white  line  at  right  angles  to  the 
curb  at  a  distance  of  seven  feet  each  side  of  hydrants.  Any  person 
violating  the  provisions  of  this  section  shall  be  punished  by  a  fine  not 
exceeding  twenty  dollars  ($20). 


Approved  June  7 ,  1921. 


flfc  UBWM 
of  1BE 

uwvershy  Of  U1IWK 


CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Twenty-one. 


AN  ORDINANCE 

Creating  a  Planning  Board 
Be  it  ordained  by  the  City  Council  of  North  Adams,  as  follows  : 

Section  1.  A  city  planning  board  to  consist  of  the  Mayor,  and 
the  President  of  the  city  council,  who  shall  be  members  thereof  ex-officio 
and  five  other  citizens  of  the  city  of  North  Adams  who  shall  be  appoint¬ 
ed  by  the  mayor  subject  to  confirmation  by  the  city  council,  is  hereby 
created.  During  the  month  of  January,  the  mayor  shall  appoint  five 
citizens  not  connected  with  the  city  government  as  members  of  said 
board  to  hold  office  for  the  terms  of  one,  two,  three,  four,  and  five  years, 
respectively  from  the  first  day  of  February,  nineteen  hundred  twenty-tw7o. 
Thereafter  during  the  month  of  January  in  each  year,  the  mayor  shall 
appoint  one  citizen  as  a  member  of  said  board,  subject  to  confirmation 
by  the  city  council,  to  hold  office  for  the  term  of  five  years  from  the  first 
day  of  February  following.  A  vacancy  occurring  in  the  board  shall 
be  filled  by  appointment  by  the  mayor,  subject  to  confirmation  by  the 
city  council  for  any  unexpired  term. 

Section  2.  The  members  of  said  board  shall  serve  without  re¬ 
muneration.  Said  board  may  make  rules  for  the  conduct  of  its  business, 
choose  its  chairman  and  secretary  and  hold  such  meetings  as  it  may  deem 
proper  and  necessary.  It  may  expend  such  sums  of  money  for  expert 
and  clerical  assistance  and  other  purposes  as  the  city  council  may 
authorize  from  time  to  time.  It  may  require  any  officer,  department 
head  or  commissioner  of  the  city  to  furnish  such  infoimation,  records, 
reports,  statistics,  or  other  data  within  his  or  its  knowledge  as  will  assist 
the  planning  board  in  the  performance  of  its  duties. 

Section  3.  It  shall  be  the  duty  of  this  board,  so  far  as  is  not  in¬ 
consistent  with  other  laws  or  ordinances,  to  prepare  or  have  prepared  a 
comprehensive  plan  for  the  alteration,  construction,  and  development  of 
the  city’s  works  and  buildings  either  in  reference  to  the  whole  city  or  any 
section  thereof,  and  in  so  doing  shall  be  guided  by  considerations  of  pub¬ 
lic  safety,  health,  beauty,  utility,  convenience,  and  the  future  of  the  city  ; 
also  the  establishment  of  such  building  lines  as  it  may  deem  proper 
and  the  establishment  of  such  zones  as  it  may  deem  proper.  It  may  also 
plan  and  recommend  in  any  matter  affecting  the  resources  or  needs  of 
the  city  whenever  it  may  be  requested  to  do  so  by  the  city  council  or 
when  in  the  judgment  of  said  board  it  may  be  wise  and  proper  so  to  do. 

Section  4.  It  shall  further  be  the  duty  of  this  board  to  make  care¬ 
ful  study  of  the  resources,  possibilities,  and  needs  of  the  city  of  North 
Adams  with  respect  to  conditions  which  may  be  injurious  to  public 
health  or  otherwise  injurious  in  and  about  rented  dwellings  and  to  make 
plans  for  the  development  of  the  city  with  special  reference  to  proper 
housing  of  its  pe'ople. 

Section  5.  Said  board  shall  prepare  and  keep  on  file  such  reports, 
maps,  plans,  etc.,  as  shall  illustrate  its  plans  and  recommendations. 
During  the  month  of  December  in  each  year  it  shall  make  a  report  of  its 
findings,  plans  and  recommendations  to  the  city  council  and  it  may  make 
such  report  of  its  plans  and  recommendations  at  such  other  times  as  it 
may  deem  necessary  or  if  otherwise  required  to  do  so. 

Approved,  Decern  her  17,  1 921 . 


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OF  THE 

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CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Twenty-Two. 


AN  ORDINANCE. 

Relative  to  Permitting  Vehicles  to  Stand  or  Wait 
on  Certain  Streets. 

Be  it  ordained  by  the  City  Council  of  North  Adams,  as  follows  : 

Section  1.  No  owner  or  driver  or  other  person  having  the 
charge  or  control  of  any  vehicle  shall  permit  such  vehicle  to  stand 
or  wait  on  Bank  Street  between  Main  and  Summer  Streets,  on 
Eagle  Street  between  Main  and  Union  Streets,  on  East  side  of 
Holden  Street  between  Main  and  Center  Streets,  on  East  side  of 
Marshall  Street  between  Main  and  Center  Streets,  and  on  Main 
Street  between  Holden  Street  and  a  corresponding  point  on  the 
Southerly  side  of  Main  Street  and  ten  feet  east  of  a  hydrant  in 
front  of  the  new  Kimbell  Building,  so-called,  and  a  correspond¬ 
ing  point  on  the  Southerly  side  of  Main  Street,  except  when  dis¬ 
charging  or  receiving  such  persons,  temporarily  absent,  or  ex¬ 
cept  when  loading  or  discharging  from  a  vehicle  at  which  time 
such  vehicle  shall  wait  parallel  with  and  close  to  the  curb. 

Section  2.  No  owner  or  driver  or  other  person  having  the 
charge  or  control  of  any  vehicle  shall  permit  such  vehicle  to 
stand  or  wait  on  Main  Street  or  any  portion  not  herein  provided 
for,  for  a  period  more  than  one  hour  in  any  three  hours,  at  which 
time  such  vehicle  shall  park  facing  away  from  the  curb  at  an 
angle  of  forty-five  degrees. 

These  provisions  shall  not  be  applicable  to  physicians  while 
in  service  during  office  hours  or  on  professional  calls. 

Section  3.  Whoever  shall  offend  against,  or  fail  to  comply 
with  any  of  the  provisions  of  this  ordinance,  shall  for  each  and 
every  offence  forfeit  and  pay  a  penalty  of  not  less  than  two 
dollars  ($2)  nor  more  than  twenty  dollars  ($20). 


Approved ,  May  3,  1922. 


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CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Twenty-Two 


INTERIM  ZONING  ORDINANCE 

Establishing  Certain  Building  districts 

Be  it  ordained  by  the  City  Council  of  the  City  of  North  Adams , 
as  follows  : 

Section  1.  The  City  of  North  Adams  is  hereby  divided 
into  zones  or  districts  to  be  known  respectively  as  Residence 
Districts  and  Non-residence  Districts,  as  follows  : 

Non-residence  Districts  shall  comprise  (1)  all  lands  which 
at  the  time  this  ordinance  goes  into  effect  are  used  for  any  bus¬ 
iness  or  industry  other  than  farming, truck  gardening,  the  grow¬ 
ing  of  trees,  shrubs,  vines  or  plants,  the  raising  of  animals,  and 
the  conduct  of  a  boarding  or  lodging  house,  and  (2)  all  lands 
located  and  fronting  upon  any  section  of  any  street  which  lies 
between  the  outer  lines  of  two  successive  intersecting  streets  and 
in  which  not  less  than  one-half  of  the  ground  floor  frontage  on 
each  side  of  said  street  is  at  said  time  devoted  to  business  or 
industry  or  is  manifestly  intended  to  be  so  used. 

Residence  Districts  shall  comprise  all  areas  not  included 
in  Non-residence  Districts. 

Section  2.  Except  as  hereinafter  provided  no  parcel  of 
land  lying  in  a  Residence  District  and  not  at  said  time  devoted 
to  any  business  or  industry,  other  than  those  specified  in  section 
one,  shall  hereafter  be  used  therefor,  and  no  permit  shall  be  is¬ 
sued  for  the  erection,  alteration  or  conversion  of  any  building 
for  or  to  such  use  upon  any  such  parcel. 

Section  3.  A  permit  may  be  issued  for  the  erection  in  a 
Residence  District  of  a  building  for  the  purpose  of  any  business 
or  industry,  or  for  the  alteration  or  conversion  of  a  building  in 
such  district  for  or  to  such  purposes,  provided  that  there  be  filed 
with  the  application  for  such  permit  written  consents  thereto 
signed  and  acknowledged  by  the  owners  or  legal  representatives 
of  the  owners  of  not  less  than  three-fourths  of  all  lands  used  for 
other  than  business  or  industrial  purposes,  which  front  on  the 
same  side  of  the  street  and  which  lie  between  the  two  intersect¬ 
ing  streets  nearest  to  and  on  either  side  of  the  land  in  question 
or  within  four  hundred  feet  on  either  side  thereof  in  case  the 
nearest  intersecting  street  is  more  than  that  distance  therefrom, 
and  also  of  all  lands  fronting  upon  the  other  side  of  the  street 
and  directly  opposite  said  land,  and  all  lands  immediately  in  the 
rear  thereof ;  or  provided  further  that  after  public  hearing  on  the 
application  the  City  Council  may  order  that  such  permit  shall 
be  issued. 

Section  4.  All  ordinances  and  parts  of  ordinances  in¬ 
consistent  herewith  are  hereby  repealed. 

Approved ,  September  16 ,  1922. 


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CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Twenty-two 


AN  ORDINANCE. 

Amending  an  Ordinance  in  Relation  to  Hawkers  and  Pedlers. 
Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows: 

Section  1.  Section  2  of  an  ordinance  in  relation  to  hawkers 
and  pedlers,  approved  September  10,  1915,  as  amended  by  an  ordi¬ 
nance  approved  July  6,  1916,  is  hereby  further  amended  by  striking 
out  the  word  “ten’'  and  inserting  in  place  thereof  the  word  -  twenty- 
five-,  so  as  to  read  as  follows:  Section  2.  The  board  of  health 
shall  have  authority  to  grant  to  any  person  of  good  repute  for  morals 
and  integrity  who  is,  or  has  declared  his  intentions  to  become  a  citizen 
of  the  United  States,  all  licenses  provided  for  in  this  ordinance  and 
may  revoke  the  same ;  said  licenses  shall  expire  one  year  from  date  of 
issue,  and  the  fee  therefor  shall  be  twenty-five  dollars,  which  shall  be 
turned  over  to  the  city  treasurer  for  the  use  of  the  city. 


Approved ,  October  4- ,  1922 . 


CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Twenty-two 


AN  ORDINANCE. 

amending  chapter  five  of  the  revised  ordinances  of  1909. 

(Relating  to  the  Fire  Department) 

Be  it  ordained  by  the  City  Council  of  North  Adams,  as  follows: 

Section  1.  Section  one  of  chapter  five  of  the  Revised  Ordinances 
of  1909,  as  amended  by  an  ordinance  approved  January  l,  1916,  and 
an  ordinance  approved  August  12,  1919,  is  hereby  further  amended 
by  striking  out  said  section  one  and  inserting  in  place  thereof  the 
following: — Section  1.  The  fire  department  shall  consist  of  a  chief 
engineer,  and  a  deputy  chief  engineer  who  shall  be  a  permanent  fire¬ 
man  in  addition  to  the  permanent  men  hereinafter  mentioned  ;  eighteen 
permanent  men  ;  four  captains,  four  lieutenants  and  nineteen  other 
call  men  ;  a  hose  and  hook  and  ladder  company  at  Braytonville,  so 
called,  to  consist  of  a  captain,  a  lieutenant,  and  thirteen  call  men  ;  and 
a  hose  company  at  Blackinton,  so  called,  to  consist  of  a  captain,  a 
lieutenant,  and  ten  call  men ;  who  shall  severally  be  appointed  by  the 
mayor,  and  who  except  the  chief  engineer,  shall  hold  their  respective 
offices  during  good  behavior  and  until  removed  according  to  law.  The 
members  of  the  fire  department  shall,  under  the  regulations  prescribed 
by  the  city  council,  and  such  rules  of  discipline  as  may  be  prescribed 
by  the  mayor,  perform  all  duties  required  of  them  in  accordance  with 
the  ordinances  of  the  city  and  the  laws  of  the  state. 


Approved,  November  17 ,  1922. 


CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Twenty-three 


AN  ORDINANCE 

AMENDING  CHAPTER  FIVE  OF  THE  REVISED  ORDINANCES  OF  1909. 

(Relating  to  the  Fire  Department) 

Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  1.  Section  one  of  chapter  five  of  the  Revised  Ordinances 
of  1909,  as  amended  by  ordinances  approved  January  1,  1916,  August 
12,  1919,  and  November  17,  1922,  is  hereby  further  amended  by  strik¬ 
ing  out  said  section  one  and  inserting  in  place  thereof  the  following  : 
Section  1.  The  fire  department  shall  consist  of  a  chief  engineer,  and 
a  deputy  chief  engineer  who  shall  be  a  permanent  fireman  in  addition 
to  the  permanent  men  hereinafter  mentioned  ;  not  more  than  twenty- 
four  permanent  men  ;  three  captains,  three  lieutenants  and  sixteen 
other  call  men  ;  and  a  hose  company  at  Blackinton,  so  called,  to  con¬ 
sist  of  a  captain,  a  lieutenant,  and  ten  call  men  ;  who  shall  severally 
be  appointed  by  the  mayor,  and  who  except  the  chief  engineer,  shall 
hold  their  respective  offices  during  good  behavior  and  until  removed 
according  to  law.  The  members  of  the  fire  department  shall,  under 
the  regulations  prescribed  by  the  city  council,  and  such  rules  of  dis¬ 
cipline  as  may  be  prescribed  by  the  mayor,  perform  all  duties  required 
of  them  in  accordance  with  the  ordinances  of  the  city  and  the  laws  of 
the  state. 


Approved ,  February  7,  1923 . 


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CITY  OF  NORTH  ADAMS,  MASS. 

In  the  Year  Nineteen  Hundred  and  Twenty-Three 


AN  ORDINANCE 

Amending  “  An  Ordinance  Relative  to  Permitting 

Vehicles  to  Stand  or  Wait  on  Certain  Streets.” 

Be  it  ordained  by  the  City  Council  of  North  Adams ,  as  follows  : 

Section  1.  Section  one  of  said  ordinance  is  hereby 
amended  by  striking-  out  the  whole  of  said  section  and  inserting 
in  place  thereof  the  following: —  Section  1.  No  owner  or 
driver  or  other  person  having  the  charge  or  control  of  any  vehicle 
shall  on  Saturdays  between  the  hours  of  9  o’^fc|^jg.jffie  morn¬ 
ing  and  9  o’clock  at  night  and  all  other  days  e^e'i^ptfndays  be¬ 
tween  the  hours  of  9  o’clock  in  the  n&lSffh£$&T^d^§  o’clock  at 
night,  permit  such  vehicle  to  stand  or  wait  orr  fefifk IlfyfBflfX  be¬ 
tween  Main  and  Summer  Streets,  on  Eagle  Street  betweeriwfain 
and  Union  Streets,  on  the  east  side  of  Holden  Street  between 
Main  and  Center  Streets,  on  the  east  side  of  Marshall  Street  be¬ 
tween  Main  and  Center  Streets,  and  on  Main  Street,  between 
Holden  Street,  and  a  corresponding  point,  on  the  southerly  side 
of  Main  Street  and  ten  feet  east  of  a  hydrant  in  front  of  the  New 
Kimbell  Building,  so  called,  and  a  corresponding  point  on  the 
southerly  side  of  Main  Street  except  when  discharging  or  re¬ 
ceiving  such  persons,  reasonably  absent  temporarily,  or  except 
when  loading  or  discharging  from  a  vehicle  at  which  time  such 
vehicle  shall  wait  parallel  with  and  close  to  the  curb. 

Section  2.  Section  two  of  said  ordinance  is  hereby  amen¬ 
ded  by  inserting  after  the  word  “shall”  in  the  second  line  the 
words — on  Saturday  between  the  hours  of  9  o’clock  in  the 
morning  and  9  o’clock  at  night  and  all  other  days  except  Sun¬ 
days  between  the  hours  of  9  o’clock  in  the  morning  and  6  o’clock 
at  night — and  by  striking  out  after  the  word  “facing”  in  the 
fifth  line,  the  words  “  away  from”  and  inserting  in  place  there¬ 
of  the  word, — toward — and  by  adding  at  the  end  of  said  section 
the  words, — nor,  except  in  the  restricted  area,  to  any  person, 
firm  or  corporation  engaged  exclusively  in  the  business  of  pass¬ 
enger  vehicles  for  hire.  No  person,  firm  or  corporation  shall 
allow  or  permit  to  stand  or  wait  on  any  street  more  than  one 
such  vehicle — so  that  said  section  will  read  as  follows  :  Section 
2.  No  owner  or  driver  or  other  person  having  the  charge  or 
control  of  any  vehicle  shall  on  Saturday  between  the  hours  of 
9  o’clock  in  the  morning  and  9  o’clock  at  night  and  all  other 
days  except  Sundays  between  the  hours  of  9  o’clock  in  the 
morning  and  6  o’clock  at  night  permit  such  vehicle  to  stand  or 
wait  on  Main  Street  or  any  portion  not  herein  provided  for,  for 
a  period  more  than  one  hour  in  any  three  hours  at  which  time 
such  vehicle  shall  park  facing  toward  the  curb  and  at  an  angle  of 
forty-five  degrees. 

These  provisions  shall  not  be  applicable  to  physicians  while 
in  service  during  office  hours  or  on  professional  calls,  nor,  ex¬ 
cept  in  the  restricted  area,  to  any  person,  firm  or  corporation 
engaged  exclusively  in  the  business  of  passenger  vehicles  for 
hire.  No  person,  firm  or  corporation  shall  allow  or  permit  to 
stand  or  wait  on  any  street  more  than  one  such  vehicle. 

Approved,  October  3,  1923. 


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CITY  OF  NORTH  ADAMS,  MASS. 


In  the  Year  Nineteen  Hundred  and  Twenty-Four 


AN  ORDINANCE 

Fixing  a  Tax  Limit 

Be  it  or  darned  by  the  City  Council  of  North  Ada??ts,  as  follows  : 

Section  1.  Section  one  of  “An  Ordinance  Establishing  a 
Tax  Limit,”  approved  March  4,  1914,  as  amended  by  an  or¬ 
dinance  approved  March  18,  1919,  and  an  ordinance  approved 
March  25,  1920,  is  hereby  further  amended  by  striking  out  the 
word  “twenty”  and  inserting  in  place  thereof  the  word — twenty- 
one — so  as  to  read  as  follows  :  Section  1.  The  taxes  assessed 
on  property  in  the  city  of  North  Adams,  exclusive  of  the  state 
tax  and  other  amounts  assessed  upon  the  city  by  the  common¬ 
wealth,  the  county  tax  and  sums  required  by  law  to  be  raised  on 
account  of  the  city  debt,  shall  not  in  any  year  succeeding  the 
passage  of  this  ordinance,  exceed  twenty-one  dollars  on  every 
one  thousand  dollars  of  the  average  of  the  assessors’  valuation 
of  the  taxable  property  for  the  preceding  three  years,  such  valu¬ 
ation  being  first  reduced  by  the  amount  of  all  abatements  allowed 
thereon  previous  to  the  thirty-first  day  of  December  in  the  year 
preceding  said  assessment. 


Approved ,  March  15,  1924. 


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